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From Godwin Tsa Abuja
The Abuja division of the Federal High Court has been asked to stop the scheduled August 30, local government election in Rivers State, by the state’s Sole Administrator, Vice Admiral Ibok Ete Ibas.
A suit by some indigenes of the state comprising Fredrick Ededeh, Benita Samuel, Jane Madubuike, Boma Aggo and Comfort Agbom, is challenging the validity of the conduct of the election during the period of State emergency when there is no public order and public safety yet in the state.
Joined as defendants in the suit are President of the Federal Republic of Nigeria, Rivers State Government, Vice Admiral Ibok Ete Ibas (Sole Administrator), and Rivers State Independent Electoral Commission (RSIEC).
While maintaining that the atmosphere is not yet conducive for the conduct of the council elections, the plaintiffs, through their lawyer, Sunday Ezema, noted that the President had in the State of Emergency (Rivers State) Proclamation, 2025 stated that there was clear and present danger or imminent breakdown of public order and public safety and clear and present danger of the looming crisis, which had affected good governance, peace, security and order in Rivers State.
Besides, the suit marked FHC/ABJ/C’S/1144/2025 and dated August 11, is challenging the legality of conducting the said local government election in the state, during the period of state of emergency.
The plaintiffs are, therefore, contending that the emergency situations in the state have not abated or ceased till date, which is the reason the President has not revoked or suspended the State of Emergency till date.
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They claimed that voters cannot vote in a period of emergency or in a situation of breakdown of “good governance, peace, security and order” in Rivers State.
The plaintiffs prayed the court to stop the conduct of the council elections fixed for August 30 or at any other date during the period of the State of Emergency, which has not ceased.
In the event that the elections are conducted during the period of the State of Emergency, the plaintiffs are also praying the court to set aside or nullify the elections for being a nullity.
The previous local government elections conducted by the suspended Governor Sim Fubara was later set aside by the Court on grounds of irregularities; and this present court case appears to be tilting towards the same direction.
The plaintiffs prayed for the following reliefs: A declaration that the clear and present danger or imminent breakdown of public order and public safety and clear and present danger of the looming crisis in Rivers State upon which the first defendant proclaimed a State of Emergency in Rivers State on March 18, 2025, has not abated or ceased, hence the refusal of the first defendant to revoke the State of Emergency (Rivers State) proclamation, 2025 before or on August 30, 2025 or at any other date before the expiration of six months from March 18, 2025.
A declaration that the second, third and fourth defendants cannot lawfully conduct the local government council elections in Rivers State, during the period of subsistence and/or the pendency of the State of Emergency in Rivers State.
A declaration that the “clear and present danger or imminent breakdown of public order and public safety” and “clear and present danger of the looming crises” in Rivers State that led to the Proclamation of State of Emergency in Rivers State by the first defendant, having not abated or ceased, any local government council elections conducted in Rivers State by the second, third and fourth defendants during the period of, subsistence and/or the pendency of the State of Emergency in Rivers State, on August 30, 2025 or at any other date, is illegal, unconstitutional, null and void in its entirety.
