Appeal Court Overturns Ruling on Rivers LG Election

• The Court of Appeal nullified a Federal High Court ruling, allowing INEC to provide voters’ registers for Rivers State local elections
• The ruling emphasized that the Electoral Act does not apply to state elections, affirming the legality of the October 5 polls

The Court of Appeal in Abuja has nullified a Federal High Court judgment that barred the Independent National Electoral Commission (INEC) from providing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for local government elections held on October 5.

In a unanimous decision, a three-member panel led by Justice Onyekachi Otisi ruled that the Federal High Court lacked jurisdiction over the case concerning Rivers State local government elections.

The court emphasized that Section 28 of the Electoral Act applies to federal elections, governorship polls, and area council elections in the Federal Capital Territory, not state-conducted elections.

Justice Otisi criticized the Federal High Court’s earlier decision to prevent security agencies from ensuring safety during the elections. The panel concluded that the lower court had overstepped its bounds.

The initial ruling, delivered by Justice Peter Lifu, stopped the Rivers State local government election after the All Progressives Congress (APC) filed a suit.

The suit argued that RSIEC violated electoral laws by failing to publish a mandatory 90-day notice before scheduling the election and not completing voter registration updates.

Justice Lifu ordered the INEC to withhold the certified voters’ register from RSIEC until it complied with relevant legal requirements. RSIEC was also barred from using any voters’ register provided by INEC for the polls.

Through its acting Rivers Chairman, Tony Okocha, the APC argued in its affidavit that only INEC is legally permitted to maintain and update voters’ registers. The party claimed that RSIEC’s failure to follow these procedures undermined the integrity of the elections.

With the Appeal Court’s decision, the restrictions placed on INEC and RSIEC have been lifted, effectively upholding the legality of the October 5 local government elections in Rivers State. This ruling also clarifies the jurisdictional boundaries of federal and state electoral laws.