The State High Court sitting in Port Harcourt, Rivers State, has issued an order mandating the state’s Independent Electoral Commission (RISIEC), the state government and Governor Siminialayi Fubara to conduct the October 5 local government elections in the state.
The order was made in a suit filed by the Action Peoples Party (APP) against RISIEC, the state government and the governor
In the order issued by the presiding Judge, L.P.C Igwe, the court said in line with section 7 sub section 1 of the Constitution, the state government and Fubara were bound to make adequate provisions for the elections to ensure that the affairs of the local government councils in the state were conducted by democratically elected officials.
The judge said in view of the section 7, sub section 1, Section 5A of RISIEC, Law number 2 of 2018; the decision of the Supreme Court of July 11th, 2024 and expiration of the tenure of the former democratically elected local government councils in Rivers State on June 17th, 2024, the defendants were bound to conduct the poll.
The judge insisted that the elections must be conducted in the shortest possible time to comply with the judgement of the apex court.
In view of the Supreme Court judgement and all the cited provisions of the Constitution and RISIEC Law, the court ruled that RISIEC was entitled to use the national register of voters for the 2023 general elections compiled by INEC and already in the custody of RISIEC to conduct the poll.
Besides, the court said that in line with the Supreme Court’s decision that all states without democratically elected local government must do so within three months of the judgement, the defendants were bound to conduct the elections before rhw expiration of the three-month window.
The court said, “That an order of mandatory Injunction be and is hereby issued compelling the 2nd and 3rd Defendant by themselves, or by their agents, privies, servants or representatives and proxies to make adequate provision for election into the Local Government Council in Rivers State and to ensure that the affairs of the Local Government Councils in Rivers State are Conducted by Democratically Elected Local Government Councils.
“That it is further ordered that mandatory injunction be and is hereby issued compelling the 1st Defendant to conduct election into Local Government Councils of Rivers State on the 5th Day of October, 2024 or on any other date fixed by the 1st Defendant in accordance with its Electoral Guidelines in order to comply with the aforesaid Judgment of the Supreme Court of Nigeria and to take all necessary steps towards the conduct of the said Elections including sale of forms to candidates and their parties, Including the Claimant who is interested in sponsoring candidates for offices in the Local Government Councils.
“That an order of mandatory injunction be and is hereby further issued directing or commanding the 1st Defendant to utilize the National Register of Voters for the 2023 General Election compiled by the Independent National Electoral Commission (INEC) pursuant to Section 9 (1)(a), (4) to (6) of the Electoral Act, 2022 to conduct Election into the twenty-three (23) Local Government Councils of Rivers State.
“That the Nigeria Police Force, the Nigeria Security and Civil Defense Corps, the Nigeria Army and all other Security Agencies and Paramilitary Organizations are hereby ordered to provide adequate security and ensure maintenance of peace, law and order during and after the Election.”