The Federal High Court in Abuja has issued a sweeping injunction against the Independent National Electoral Commission (INEC), effectively derailing the upcoming local government elections scheduled for October 5, 2024. The ruling, delivered by Justice Peter Lifu on September 30, 2024, not only prohibits INEC from releasing the crucial voters’ register but also bars federal security agencies from participating in the electoral process.
The court’s decision comes in response to a lawsuit filed by the All Progressives Congress (APC), represented by a formidable legal team including Senior Advocates of Nigeria Joseph Daudu, Sebastine Hon, and Ogwu James Onoja. Their challenge exposed significant procedural violations by the Rivers State Independent Electoral Commission (RSIEC) in its preparation for the local government polls.
1. Failure to Provide Adequate Notice: RSIEC neglected to publish the mandatory 90-day notice before setting the election date, a clear violation of local government election conduct laws.
2. Premature Election Scheduling: The judge determined that RSIEC had jumped the gun by fixing the October 5 date before ensuring all relevant electoral laws and procedures were properly followed.
3. Incomplete Voter Register Updates: The court found that the necessary update and revision of the voters’ register had not been completed, a prerequisite for legally setting an election date.
In a move that further complicates the electoral landscape, Justice Lifu extended his ruling to encompass federal security agencies. The court explicitly prohibited both the Inspector General of Police and the Department of State Services (DSS) from providing security services for the planned October 5 elections.
This unprecedented restriction on security involvement has raised concerns about potential power vacuums and the maintenance of order during what was expected to be a highly contested electoral process.
The Independent National Electoral Commission finds itself in a precarious position following the court’s decision. INEC spokesperson, Festus Okoye, expressed the commission’s predicament in a hastily arranged press conference:
“We are reviewing the court’s ruling and its implications for our operations. INEC is committed to upholding the rule of law while also fulfilling our constitutional mandate to support free and fair elections at all levels of government.”
The court’s decision has sent shockwaves through Rivers State’s political establishment. Governor Siminalayi Fubara, visibly frustrated, addressed reporters outside the State House in Port Harcourt:
“This ruling is a setback for local democracy in Rivers State. We were prepared to showcase the strength of our grassroots governance through these elections. However, we respect the court’s decision and will explore all legal avenues to ensure our people’s right to choose their local leaders is not indefinitely delayed.”
Opposition parties, particularly the APC which brought the lawsuit, have hailed the court’s decision as a victory for electoral integrity. APC State Chairman, Emeka Beke, stated:
“Today’s ruling vindicates our position that the RSIEC was rushing into these elections without proper preparation or regard for the law. We call on the state government to reset the electoral calendar and ensure full compliance with all legal requirements before attempting to hold these crucial polls.”
On the streets of Port Harcourt, citizens expressed mixed reactions. Market vendor Chinyere Amadi voiced the frustration felt by many:
“We were ready to vote and choose our local leaders. Now everything is uncertain. How long will we have to wait? Our local governments need proper leadership to address the issues affecting our daily lives.”
As Rivers State grapples with the fallout from this legal bombshell, several key questions remain:
1. Timeline for Compliance: How long will it take for RSIEC to address the legal violations identified by the court?
2. Security Concerns: With federal security agencies barred from involvement, how will the state ensure the safety and integrity of the electoral process when a new date is set?
3. Political Realignments: Will this delay lead to shifts in local political alliances or campaign strategies?
4. Voter Engagement: How will this setback affect voter enthusiasm and participation when the elections eventually take place?
RSIEC Chairman, Justice Adolphus Enebeli (rtd), attempted to reassure the public in a late-night press statement:
“We acknowledge the court’s ruling and are committed to addressing all identified shortcomings. RSIEC will work tirelessly to ensure full compliance with all legal requirements. We ask for the public’s patience as we navigate this challenging situation.”
This legal tussle in Rivers State highlights the complex interplay between state and federal institutions in Nigeria’s democratic system. As the nation watches closely, the resolution of this electoral impasse could set important precedents for the conduct of local elections across the country.
For now, the people of Rivers State find themselves in electoral limbo, their democratic aspirations temporarily stalled by the very laws designed to protect the integrity of their votes. As legal teams prepare for potential appeals and RSIEC scrambles to address the court’s concerns, one thing is certain: the path to local governance in Rivers State has become significantly more complicated.
