The Supreme Court has voided the local government elections conducted by the state-owned Rivers State Independent Electoral Commission (RSIEC) on October 5, 2024.
Justice Jamilu Tukur, who read the lead judgment on Friday, annulled the LG polls following an appeal filed by the All Progressives Congress (APC).
Recall that RSIEC had declared the chairmanship candidates of the Action Peoples Party (APP) as winners in 22 of the 23 local government areas of Rivers State.
This was despite a Federal High Court (FHC) judgment in Abuja by Justice Peter Lifu, which had barred the Independent National Electoral Commission (INEC) from releasing the voter register to RSIEC for the conduct of the LG polls.
Facts of the Case
The legal teams of APC and the Rivers State Government, among others, approached the FHC for a ruling on the legality of the local government electoral process.
- Justice Lifu ruled in favor of the APC, holding that the RSIEC, controlled by the Rivers State Government, had erred in law when it set a date for the elections in contravention of relevant electoral laws.
- Specifically, Justice Lifu ruled that RSIEC had failed to comply with the Electoral Act, which mandates a 90-day notice to stakeholders before an election.
- Relying on evidence, Lifu ordered INEC not to conduct the LG polls until it complied with relevant electoral laws.
- He also restrained the Inspector General of Police (IGP) and other security agencies from providing security if RSIEC proceeded with the elections.
Furthermore, Justice Lifu barred RSIEC from accepting or using any voter register from INEC for the October 5 local government polls until it complied with electoral laws.
Disagreeing with the judgment, the Rivers State Government approached the Appeal Court for redress.
The Appeal Court in Abuja, however, overturned Justice Lifu’s ruling, stating that he lacked jurisdiction to preside over the Rivers State LG electoral process.
This led the parties to escalate the dispute to the Supreme Court for a final determination.
What the Supreme Court Said
In a unanimous decision, the apex court quashed the Appeal Court’s judgment, stating that “there was no evidence to establish that the conditions precedent stipulated by Section 150(3) of the Electoral Act, 2010, were met before the election was conducted by RSIEC.”
- Justice Tukur, agreeing with the Federal High Court, ruled that the clear violation of electoral laws rendered the election invalid.
- The Supreme Court subsequently upheld the FHC’s judgment and nullified the elections.
The court also concurred with Justice Lifu that the voter register must be updated and revised before an election can be conducted legally and validly.
What This Means
The Supreme Court’s verdict means that the current LG chairmen in Rivers State have been removed from office.
It also implies that a fresh local government election in Rivers State is now imminent.
