An Abuja Division of the Court of Appeal has nullified the judgement of the Federal High Court, which barred the Independent National Electoral Commission, INEC, from releasing voters register to the River State Independent Electoral Commission, RSIEC, for the conduct of October 5 of the state local government polls.
Recall that a judgement delivered by Peter Lifu of the Abuja Division Federal High Court had barred the INEC from releasing voters register to RSIEC for the conduct of the council election.
Mr Lifu, while delivering judgement in the suit brought before him by the All Progressive Congress in the state, faulted RSIEC for fixing October 5 as the date for the conduct of the poll when all relevant laws guiding the election had not been complied with.
He held that, “the Rivers State electoral body violated provisions of the local government election conduct law by not publishing the mandatory 90-day notice before fixing the date”.
The judge also held that the update and revision of voters’ registers ought to have been concluded before an election date can be legally and validly fixed in law.
The judge also barred RSIEC from accepting any voter register from INEC or using it for the purpose of the October 5 local government poll.
The Court further barred the Inspector General of Police and the Department of the State Service from providing security for the conduct of the election.
However, in a ruling delivered on Thursday by a special panel of the Appeal Court, held that the lower court lacked the jurisdiction to entertain the suit.
The panel, led by Justice Onyekachi Otisi, noted that Section 28 of the Electoral Act does not cover elections conducted by states, only federal elections, governorships, and area council elections in the Federal Capital Territory.
The panel stated that the “Electoral Act is not applicable to local government elections, and the lower court lacks jurisdiction to entertain the appeal.”.
The panel further stated that the lower court was wrong to have ordered security agencies not to carry out their constitutional duties.
