An interlocutory application instituted by the Initiative for Freedom, Conflict Prevention and Social Integration (FREECON) to stop the August 30 LG election in Rivers State was, on Monday, August 25, stalled by a legal technicality.
FREECON had in Suit No.: FHC/PH/CS/153/2025 dragged the President of the Federal Republic of Nigeria [1st defendant), the Attorney General of the Federation (2nd defendant), the Rivers State Sole Administrator (3rd defendant), the Chairman of the Rivers State Independent Electoral Commission (4th defendant) and the Rivers State Independent Electoral Commission (5th defendant) before a federal High Court sitting in Port Harcourt, the state capital.
FREECON is challenging the legality of the forthcoming local government election slated for Saturday, August 30, 2025, which is to be conducted under the leadership of an unelected Sole Administrator, Vice Admiral Ibok-Ete Ibas (rtd), who was appointed by President Bola Tinubu on March 18, 2025.
Speaking with our correspondent shortly after the hearing of the interlocutory application was stalled and later adjourned by the court to September 3 for hearing, counsel to the plaintiff (FREECON), Barr Lezina Amegua, said the defence counsel refused to accept the fact that all the defendants had been duly served with the processes.
Amegua said: “I informed the court that I was ready to go on with my interlocutory application, which was specifically meant to forestall the LG election, coming up on the 30th of this month, being August 2025, which is on Saturday.
“However, the defence counsel told the court that they are not appearing prepared. The defence counsel went ahead to inform the court that they can not go ahead with the matter because, according to him, they have not been served.
“But I very specifically informed the court that all the defendants had been duly served and that the proof of service is before the court, which is an indication and substantial evidence of service. and that an affidavit of service has been presented before the court by the court officer himself, being the bailiff who swore to an affidavit of service on oath that all the parties, which are the president, AGF, sole administrator, RSIEC chairman and RSIEC itself, had been served.
“Having said that, the court, looking at its own concern for fair hearing and owing to the fact that service was a fundamental legal importance, decided to allow the defendants to be prepared again.
“At that point, I had my own reservation because I had rightly informed the court that they had been served and that there is an evidential proof to that effect.
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“It was at that juncture that the court directed that I serve their counsels personally in court.
“So, that exactly did not allow the matter to flow as our interlocutory application was not taken, which was specifically meant to stop the forthcoming election on Saturday
“The matter was now adjourned upon agreement by both counsels for the 3rd day of September, where we are expected to hear the matter altogether.”
RELIEFS SOUGHT BY THE PLAINTIFF:
(a) A DECLARATION that, by the combine reading and construction of sections 197 and 198 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the 1st Defendant cannot under any circumstance, guise create, invent the 3rd Defendant or any other authority to oust, divest, transfer, transmit the powers of the Governor in the appointment of the chairmanship/membership of the 5th Defendant and or empower the 3rd Defendant to perform the powers vested on the Governor as duly guaranteed, qualified therein
(b) A DECLARATION that, by the combine EFFECT of section 197 and 198 of the 1999 Constitution of the Federal Republic of Nigeria the 3rd defendant (An authority not recognized by the constitution in appointing electoral officials) has no statutory responsibility to therewith by way of appointing the 4th Defendant and her members to the 5th Defendant to organize, undertake or conduct election across the 23 Local Government Areas of Rivers State through the 5th Defendant.
(c) An Order of this Honourable Court, nullifying, setting aside, voiding the 3rd Defendant’s action in appointing the 4th Defendant and his members to the 5th Defendant as the appointment thereto is unlawful, illegal, inconsistent therewith and constitutes a gross violation of section 198 of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
(d) An Order of this Honourable Court setting aside, nullifying, voiding any action, steps, schedule election plans so far taken or announced by the 4th Defendant and his members for and on behalf of the 5th defendant in relation to the election the 4th Defendant/members has sought to conduct across the 23 Local Government Areas of Rivers State on the 30th day of August, 2025 through the 5th defendant, as any such action taken therewith is ultra vires, unlawful and
constitute a gross violation of section 198 of the 1999 Constitution of the Federal Republic of Nigeria as amended, as their appointment thereto is null and void ab initio.
