A Federal High Court in Abuja on Friday prevented the Rivers State Independent Electoral Commission from receiving the voter register from the Independent National Electoral Commission (INEC), for the purpose of conducting the forthcoming local government elections in the state.
The presiding Judge, Justice Peter Lifu issued an order for an interim injunction against INEC while delivering a ruling in a motion in the interests of the All Progressives Congress marked FHC/ABJ/CS/987/2024.
The judge ordered the Rivers Electoral Commission and the Rivers State Attorney-General from receiving the National Voter’s Register from INEC or using it for the Rivers State Local Government elections.
Justice Lifu also restrained the Department of State Service (DSS) and the Inspector General of Police (IGP) from providing security detail for the Rivers State Electoral Commission to conduct local government elections in the state.
The interim orders are to remain in place until the suit brought by the APC challenging the appropriateness of the elections to be conducted in Rivers state local governments.
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It bears mentioning that In granting the interim restraining orders, Justice Lifu directed the APC to undertake to pay damages to the defendants in case their suit was found to be frivolous and the restraining orders ought not to have been granted. This means that if the court ultimately determines that the APC’s suit was without merit, the party will be required to compensate the defendants for any harm caused by the temporary restraining orders.
Additionally, Justice Lifu ordered substituted service of the orders and other court processes on the five defendants through publications in two major national dailies before the next adjourned date. This is to ensure that the defendants are made aware of the court’s actions and can prepare their response accordingly. The judge has set August 2 as the date for all defendants to appear in court to hear the substantive matter.
According to a 13-paragraph affidavit deposed to by Tony Okocha, the acting Chairman of the Rivers state APC, the party took legal action against the defendants due to INEC’s alleged failure to comply with the provisions of the Electoral Act in managing the register of voters. Specifically, the APC claims that INEC’s actions breached the provisions of the 1999 Constitution and the Electoral Act, particularly with regard to the release of the voter register to the Rivers electoral body for local government elections.
In summary, the All Progressives Congress states that only the voter register maintained by INEC (Independent National Electoral Commission) can be used by Rivers Electoral Commission (Rivers SIEC) to conduct local government polls. The APC is seeking a court order to restrain the defendants, the Rivers SIEC, and other related parties from tampering with or altering the voter register pending the hearing and determination of their motion.
The APC claims that their application is in the interest of justice and to maintain the status quo (i.e., keep things as they are) until the main matter is resolved. The APC undertakes to pay damages if the court finds the application to be unwarranted or frivolous.
The defendants have been summoned to appear in court on August 2 to respond to the application.
