Fubara Vs Wike: Appeal Court Nullifies Federal High Court Judgment Against Rivers State LG Election
The Court of Appeal in Abuja has overturned a Federal High Court ruling that prevented theIndependent National Electoral Commission (INEC) from releasing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for the conduct of local government elections, which have since taken place.
In delivering its judgment on Thursday, a special panel led by Justice Onyekachi Otisi declared that the Federal High Court lacked jurisdiction over the matter.
The appellate court clarified that Section 28 of the Electoral Act applies solely to federal elections, governorship elections, and area council elections in the Federal Capital Territory, not state-conducted elections.
The Court of Appeal further criticized the lower court’s directive, which barred security agencies from performing their constitutional duties during the election process.
Previously, Justice Peter Lifu of the Federal High Court had ruled against RSIEC for scheduling the local government elections for October 5 without complying with legal provisions.
He stated that RSIEC violated the local government election law by failing to provide the mandatory 90-day notice before setting the election date.
Justice Lifu also held that the voters’ register must be updated and revised before any valid election date could be determined.
As a result, Justice Lifu had directed INEC not to release the Certified Voters’ Register to RSIEC until all legal requirements were fulfilled.
The appeal heard by Justice Otisi’s special panel was among several appeals challenging the Federal High Court’s decisions on political cases in Rivers State.
The panel had previously reserved judgment on consolidated appeals contesting Justice Lifu’s ruling.
Naija News reports that the rift between Governor Siminalayi Fubara and the Minister of the FCT, Nyesom Wike, had escalated tensions before, during and after the LG Election.
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