Court rules on APC suit against Rivers LG poll

COURT

The Federal High Court in Abuja, on Thursday, reserved judgment in the suit filed by the All Progressives Congress seeking to stop the Rivers State’s local government election fixed for October 5, 2024.

The court, presided over by Justice Peter Lifu, had on Tuesday, adjourned the matter till Thursday to allow the plaintiff to effect service of some court processes on the Inspector General of Police and the defendants in the suit.

The APC, in its application, prayed the court to pronounce that the Independent National Electoral Commission could only release the register to RSIEC “in strict conformity and compliance with the mandatory provisions of the 1999 Constitution (as amended) and the Electoral Act 2022.”

According to the APC, this was so that the commission could stop continuous voter registration at least 90 days before the poll date.

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Substantially, the plaintiff argued that the condition precedent for the conduct of local government election in Rivers State had not been met by RSIEC.

At the proceedings on Thursday, the court listened to all pending preliminary applications, including those seeking joinder brought by the Social Democratic Party and Boot Party as well as the substantive suit.

Goddy Uche (SAN), at the proceedings, presented his motion for change of counsel and discontinuance of the suit on behalf of the Rivers State chapter of the APC, which was filed by him and signed by Chief Emeka Beke, Chairman of Rivers APC and Sam Etetegwung, Secretary of Rivers APC.

Taiwo Taiwo (SAN), who appeared for the Attorney General of Rivers State and Femi Falana (SAN), who represented the Rivers State Independent Electoral Commission, challenged the jurisdiction of the court to entertain the case.

The respondent’s counsel equally challenged the competence of the suit on the ground that it was statute-barred.

The respondents further contended that the proper court with jurisdiction to entertain the case was the Rivers State division, Federal High Court.

They argued that, being a vacation court, the court lacked the jurisdiction to hear the case without obtaining the consent of both parties.

After taking arguments from the parties in the suit, Justice Lifu pronounced that a date for judgment would be communicated.