Appeal Court Clears Way for Rivers LG Polls, Faults High Court Decision

Our reporter

The Court of Appeal in Abuja has overturned a Federal High Court ruling that previously barred the Independent National Electoral Commission (INEC) from releasing the voter register to the Rivers State Independent Electoral Commission (RSIEC) for the conduct of local government elections held on October 5, 2024.

In a unanimous decision delivered by a three-member panel led by Justice Onyekachi Otisi, the appellate court declared that the lower court lacked jurisdiction to adjudicate on matters related to local government elections in Rivers State.
The panel clarified that Section 28 of the Electoral Act applies only to federal elections, governorship polls, and area council elections in the Federal Capital Territory, not state-conducted elections.

The Court of Appeal also criticized the Federal High Court’s decision to bar security agencies from performing their constitutional duties during the elections. Justice Otisi emphasised that such an order undermined the critical role of security in ensuring a free and fair electoral process.

The ruling resolves a contentious legal battle initiated by the All Progressives Congress (APC), which had secured a High Court judgment halting the elections. Justice Peter Lifu of the Federal High Court had previously ruled that RSIEC violated electoral laws by failing to issue the mandatory 90-day notice before scheduling the polls.
The judge also argued that INEC’s voter register update and revision process should have been completed before any election date could be set.

As part of its earlier judgment, the High Court had prohibited INEC from releasing the certified voter register to RSIEC and barred RSIEC from using the register for the elections until the alleged irregularities were resolved.

However, the appellate court’s decision now nullifies those restrictions, paving the way for RSIEC’s continued oversight of local government elections in Rivers State. The ruling is part of a series of appeals filed against judgments delivered by the Federal High Court, which has faced scrutiny over its role in the political disputes in the state.

The APC had argued in its initial suit that RSIEC was not statutorily authorized to manage voter registration independently and must rely on INEC for a certified voter register. The appeal court’s ruling effectively dismisses this claim, affirming RSIEC’s mandate to conduct the polls under state authority.

With this judgment, the legal hurdles surrounding the October 5 elections have been removed, allowing local government governance in Rivers State to proceed without further delays.