Appeal Court Overturns Federal High Court Ruling on Rivers State Local Government Election Dispute Between Fubara and Wike

The Court of Appeal in Abuja has nullified a Federal High Court ruling that barred the Independent National Electoral Commission (INEC) from providing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for conducting local government elections, which have already taken place....CONTINUE READING>>>

Delivering its judgment on Thursday, a special panel led by Justice Onyekachi Otisi ruled that the Federal High Court lacked jurisdiction over the matter.

The appellate court clarified that Section 28 of the Electoral Act pertains exclusively to federal elections, governorship elections, and area council elections in the Federal Capital Territory, not elections organized by state electoral commissions.

The Court of Appeal also criticized the Federal High Court’s directive, which had restrained security agencies from carrying out their constitutional roles during the election process.

Previously, Justice Peter Lifu of the Federal High Court had ruled against RSIEC for scheduling the local government elections on October 5 without adhering to legal provisions.

He held that RSIEC breached the local government election law by failing to issue the required 90-day notice before fixing the election date.

Justice Lifu further directed that the voters’ register must be updated and revised before any valid election could take place, thereby instructing INEC to withhold the Certified Voters’ Register until all legal requirements were met.

The appeal heard by Justice Otisi’s panel was one of several challenges to Federal High Court decisions on political disputes in Rivers State. The panel had earlier reserved judgment on consolidated appeals against Justice Lifu’s ruling.

Meanwhile, the local government elections unfolded amid rising tensions fueled by a political rift between Governor Siminalayi Fubara and the Minister of the FCT, Nyesom Wike, further intensifying the controversies surrounding the polls.