Legal Proceedings Against Rivers Govt Continue As Court Refuses Stay-In LG Election Case

A Federal High Court in Abuja has refused an application for a stay of further proceedings in a suit challenging the decision of the River state government to conduct a local government election in October.

Justice Peter Lifu, in a ruling on Thursday, August 15, dismissed the oral application for a stay of proceedings made by defendants in the suit, marked: FHC/ABJ/CS/987/2024 filed by the All Progressives Congress (APC).

Justice Lifu held that since none of the defendants filed before the court either an application for a stay of proceedings or an application for a stay of execution of their court’s earlier interim injunction, the court couldn’t stay proceedings.

The judge added that seeking a stay proceedings without allowing the court to determine if the suit is a pre-election matter or not is premature.

He held that it was proper for the court to proceed with the hearing of the case because parties to the suit have filed their several preliminary objections and have joined issues.

The judge said in the absence of a motion for stay and a motion challenging jurisdiction, all processes having been filed, the court is minded to proceed with the hearing of the substantive suit.

Justice Lifu also dismissed the application filed by members of the state executive of the APC in Rivers seeking to be made parties to the case.

The judge said: “Joining the parties seeking to be joined will be superfluous because they are card-carrying members of the plaintiff (APC).

“Its involvement in the suit covers all its members. The application for joinder fails for lack of merit and it is dismissed.”

Upon the application for adjournment by lawyers to the defendants, which was not opposed by the plaintiff’s lawyer, Joseph Daudu (SAN), Justice Lifu adjourned till August 29 for further hearing.

Defendants in the case are the Independent National Electoral Commission (INEC), Rivers State Electoral Commission (RSIEC), the Attorney General of Rivers State, the Inspector General of Police (IGP) and the Department of State Services (DSS).

The APC is contending, in the substantive suit, that the RSIEC failed to fulfil legal requirements to conduct the local government election, which it scheduled for October 15.

The party argued that while RSIEC is legally bound to use the voter register compiled and kept by INEC for conducting local government elections in Rivers State, it failed to give a 360-day notice to INEC before the election date.

In a supporting affidavit, Tony Okocha, described as the acting Chairman of Rivers APC, said the suit was filed because the RSIEC allegedly failed to comply strictly with the provisions of the Electoral Act in respect of the management of the register of voters which it intends to release to Rivers electoral body for local government elections in breach and violation of the provisions of the 1999 Constitution and the Electoral Act.

Okocha stated that it is only the voter register compiled, maintained, updated, and kept in the custody of INEC that RSIEC can obtain and use to conduct local government polls as RSIEC is not entitled to compile, maintain, update, and keep in its custody any separate voters register.

In a ruling on July 19 on an ex-parte motion by the plaintiff, Justice Lifu issued an order restraining INEC, from releasing voters register to the RSIEC for the conduct of local government elections in the state.

He also restrained the IGP and the DSS from participating or providing security protection for the RSIEC to conduct the election.

The judge ordered parties to maintain the status quo ante bellum and to refrain from any act or take steps in furtherance of the conduct of the election pending the hearing and determination of the substantive suit.