From Godwin Tsa Abuja
Legal fireworks resumes on Thursday at the Abuja division of the Federal High Court in the suit filed by the All Progressives Congress (APC), against the Independent National Electoral Commission INEC over the conduct of Local Government election in Rivers State.
Justice Peter Lifu fixed the date for to enable parties to file and exchange their processes in the matter.
The court took some applications brought by parties to the suit including parties seeking to be joined as co-defendants.
On the other hand, the suit has been mired in controversy with the appearance of two senior lawyers announcing representation for the APC.
While Joseph Daudu leading a team of five other Senior Advocates of Nigeria (SAN) comprising Chief Sabastine Hon; Dr. James Onoja Ogwu, had filed the suit on behalf of the APC, another Senior Advocate of Nigeria, Gordy Uche equally announced his appearance for the party.
Other counsel in the matter are Taiwo Taiwo (SAN) for the Attorney General of Rivers state and Femi Falana (SAN) for RSIEC.
Indeed, approached the court with an application for change of counsel dated August 28, as well as a notice of discontinuance signed by Chief Emeka Beke, Chairman APC Rivers state and Sam Sam Etetegwung, Secretary, APC Rivers State respectively.
The party, in an originating summons marked FHC/ABJ/CS/987/2024 is seeking a declaration that INEC is bound to manage the updating and revising of the register in such a manner as to ensure that the process stops not later than 90 days before the council poll.
The suit has the Independent National Electoral Commission (INEC); the Rivers State Independent National Electoral Commission (RSIEC); the state Attorney-General, the Inspector-General of Police and the State Security Service (SSS) as defendants.
APC is equally seeking an order setting aside section 13 and 20 of the RSIEC law No: 2 of 2018 as null and void to the extant of their inconsistency with the provisions of section 28, 29 and 103 (3) of the Electoral Act, 2022.
An order setting aside all proceedings, acts or things done or purported to have been done by the defendants in furtherance of the conducting of the purported Local Government elections in Rivers State that are by virtue of section 13 and 20 of the RSIEC law No 2 of 2018, in contravention, breach or violation of items 11 and 12 of the concurrent legislative list part 11 of the second schedule to the 1999 constitution and sections 28, 29 and 103(3) of the Electoral Act, 2022.
APC is praying the court to hold that INEC can only release the register to RSIEC “in strict conformity and compliance with the mandatory provisions of the 1999 Constitution (as amended) and the Electoral Act 2022”.
The APC contends that RSIEC breached the Electoral Act and the Constitution requiring SIECs to give a 360-day notice to INEC before any election.
According to the plaintiff, this is so that the commission can stop continuous voter registration (CVR) at least 90 days before the poll date.
APC said it was required to conduct primaries and submit a list of nominated candidates no later than 180 days before the election, but that RSIEC breached the law by failing to give adequate notice.
Besides, APC said INEC has not stopped the CVR nor did it receive the 360-day notice.
The APC is contending, in the substantive suit, that the RSIEC failed to fulfil legal requirements to conduct the local government election, which it scheduled for October 15.
The party argued that while RSIEC is legally bound to use the voter register compiled and kept by INEC for conducting local government elections in Rivers State, it failed to give a 360-day notice to INEC before the election date.
In a supporting affidavit, Tony Okocha, described as the acting Chairman of Rivers APC, said the suit was filed because the RSIEC allegedly failed to comply strictly with the provisions of the Electoral Act in respect of the management of the register of voters which it intends to release to Rivers electoral body for local government elections in breach and violation of the provisions of the 1999 Constitution and the Electoral Act.
Okocha stated that it is only the voter register compiled, maintained, updated, and kept in the custody of INEC that RSIEC can obtain and use to conduct local government polls as RSIEC is not entitled to compile, maintain, update, and keep in its custody any separate voters register.
In a ruling on July 19 on an ex-parte motion by the plaintiff, Justice Lifu issued an order restraining INEC, from releasing voters register to the RSIEC for the conduct of local government elections in the state.
He also restrained the IGP and the DSS from participating or providing security protection for the RSIEC to conduct the election.
The judge ordered parties to maintain the status quo ante bellum and to refrain from any act or take steps in furtherance of the conduct of the election pending the hearing and determination of the substantive suit.
