The Supreme Court has scheduled February 10, 2025, to hear two separate suits filed by the All Progressives Congress (APC) challenging the validity of the local government elections conducted in Rivers State in 2024.
On the same day, the apex court will hear five other cases related to the ongoing political crisis in Rivers State, which began in October 2023 when a faction loyal to former governor and current FCT Minister, Nyesom Wike attempted to impeach Governor Siminalayi Fubara.
Background of the Crisis
The crisis escalated after Fubara sealed off the state Assembly complex in response to impeachment moves. Subsequently, lawmakers defected from the Peoples Democratic Party (PDP) to the APC, which Fubara dismissed as illegitimate. This led to the establishment of a controversial three-member Assembly that handled critical legislative actions, including passing the 2024 budget.
The legitimacy of the Assembly and its decisions became a legal issue, progressing through the Rivers State High Court, Federal High Court, and the Court of Appeal before reaching the Supreme Court.
Legal Consolidations and Disputes
The Supreme Court consolidated four appeals for easier hearing, including:
Rivers State House of Assembly vs. Rivers State Government;
Rivers State House of Assembly vs. Rivers State Governor;
Rivers State House of Assembly vs. RSIEC;
Rivers State House of Assembly vs. Accountant General of Rivers State.
These appeals, along with two separate APC suits, will be heard on February 10.
The 2024 Local Government Elections
The Rivers State Independent Electoral Commission (RSIEC) scheduled the local government elections for October 5, 2024, despite objections from the APC. The APC alleged RSIEC violated a bill extending the tenure of local government chairmen, passed by the Martin Amaewhule-led Assembly.
A faction of the APC loyal to Wike withdrew from the election, while the faction aligned with former Transport Minister Rotimi Amaechi participated. Governor Fubara’s loyalists, who defected to the Action People’s Party (APP), dominated the election, winning 22 out of 23 chairmanship seats.
Court Decisions and Appeals
Justice Peter Lifu of the Federal High Court in Abuja had earlier restrained the Independent National Electoral Commission (INEC) from releasing the voter register to RSIEC and barred security agencies from participating in the election. However, the Court of Appeal overturned this ruling, citing a lack of jurisdiction, and allowed the election to proceed.
Dissatisfied with the appellate court’s decision, the APC filed two appeals at the Supreme Court, marked SC/CV/1106/2024 and SC/CV/1107/2024, seeking to reinstate the Federal High Court’s judgment.
Next Steps
A five-member Supreme Court panel, led by Justice Uwani Musa Aba-Aji, has directed all parties to file and exchange briefs of argument ahead of the February 10 hearing. The panel also consolidated related appeals for streamlined determination.
Additionally, the court set the same date for hearing another case, SC/CV/1071A/2024, following the withdrawal of a cross-appeal by the Rivers State House of Assembly against the National Assembly and others.