Rivers High Court upholds October 5 LGA election date

DAILY POST 

A Federal High Court, Rivers State Judicial Division, has declared that there is no going back on the Rivers Local Government election scheduled for October 5.

Justice I.P.C. Igwe stated this while ruling on the suit between Action Peoples Party (APP) and the Rivers State Independent Electoral Commission, Rivers State Government, and the Governor of Rivers State.

He ruled that the defendants are bound to make adequate provisions for elections into the Local Government Councils of Rivers State and ensure that the affairs of the councils are conducted by democratically elected officials.

Justice Igwe ordered as follows: “That upon the construction of Section 7, Subsection 1 of the Constitution of the Federal Republic of Nigeria (CFRN) 1999 as amended, the 2nd and 3rd defendants are bound to make adequate provision for elections into the Local Government Councils of Rivers State and to ensure that the affairs of the councils are conducted by democratically elected officials.

“That in view of Section 7, Subsection 1 of the CFRN 1999 as amended, Section 5(A) of the Rivers State Independent Electoral Commission Law No. 2 of 2018, the decision of the Supreme Court of Nigeria delivered on July 11, 2024, in Suit No. SC/CV/343/2024: Attorney-General of the Federation vs. Attorney-General of Abia State and 35 Ors, and the expiration of the tenure of the former democratically elected Local Government Councils in Rivers State on June 17, 2024, the defendants are bound to conduct elections into the Local Government Councils of Rivers State within the shortest possible time to comply with the aforementioned judgment of the Supreme Court of Nigeria.”

“That it is further declared that in view of Section 5(A) of the Rivers State Independent Electoral Commission Law No. 2 of 2018, Section 9(1)(a), (4) to (6) of the Electoral Act 2022, and the exigencies of the decision of the Supreme Court of Nigeria delivered on July 11, 2024, in Suit No. SC/CV/343/2024: Attorney-General of the Federation vs. Attorney-General of Abia State & 35 Ors, the 1st defendant is entitled to utilize the National Register of Voters for the 2023 General Elections, compiled by the Independent National Electoral Commission (INEC) pursuant to Section 9(1)(a), (4) to (6) of the Electoral Act 2022, already in the custody of the 1st defendant, to conduct elections into the 23 Local Government Councils of Rivers State. That it is also declared that in view of the decision of the Federal Government of Nigeria following the said judgment in Suit No. SC/CV/343/2024 delivered on July 11, 2024, to the effect that all states without democratically elected Local Government Councils should conduct elections into their respective councils within three (3) months from the date of the judgment, the defendants are bound to conduct elections into Local Government Councils in Rivers State on or before the expiration of the three (3) months period, on October 5, 2024, and to take all necessary steps towards conducting the election, including the sale of forms to candidates and their parties, including the claimant, who is interested in sponsoring candidates for offices in the Local Government Councils.”

“That an order of mandatory injunction is hereby issued compelling the 2nd and 3rd defendants, by themselves or by their agents, privies, servants, representatives, or proxies, to make adequate provision for elections into the Local Government Councils in Rivers State and to ensure that the affairs of the councils are conducted by democratically elected officials. That a further order of mandatory injunction is hereby issued compelling the 1st defendant to conduct elections into the Local Government Councils of Rivers State on October 5, 2024, or on any other date fixed by the 1st defendant in accordance with its electoral guidelines to comply with the judgment of the Supreme Court of Nigeria, and to take all necessary steps towards conducting the elections, including the sale of forms to candidates and their parties, including the claimant, who is interested in sponsoring candidates for offices in the Local Government Councils.”

“That an order of mandatory injunction is hereby further issued directing the 1st defendant to utilize the National Register of Voters for the 2023 General Elections, compiled by the Independent National Electoral Commission (INEC) pursuant to Section 9(1)(a), (4) to (6) of the Electoral Act 2022, to conduct elections into the 23 Local Government Councils of Rivers State. That the Nigeria Police Force, the Nigeria Security and Civil Defense Corps, the Nigeria Army, and all other security agencies and paramilitary organizations are hereby ordered to provide adequate security and ensure the maintenance of peace, law, and order during and after the election.”