The Supreme Court has reserved its judgment in the appeal filed by the All Progressives Congress (APC) seeking to nullify the outcome of the October 5, 2024, local government elections in Rivers State.
A five-member panel of the apex court, led by Justice Uwani Abba-Aji, fixed the matter for judgment after all parties adopted their final arguments.
The APC, represented by J.B. Daudu, SAN, urged the Supreme Court to overturn the decision of the Court of Appeal, which, on November 21, 2024, upheld the validity of the election. The party insists that the election was conducted in violation of electoral laws and should be nullified.
But Governor Siminalayi Fubara, represented by Yusuf Ali, SAN, and the Rivers State Independent Electoral Commission (RSIEC), represented by Chief Chris Uche, SAN, have asked the court to dismiss the request of the APC.
The Court of Appeal had earlier set aside a Federal High Court ruling that restrained the Independent National Electoral Commission (INEC) from providing the voter register to RSIEC for the conduct of the elections. A special panel of the appellate court also faulted the lower court’s decision to bar security agencies from providing protection during the polls.
In its unanimous judgment, the appellate court, led by Justice Onyekachi Otisi, ruled that the Federal High Court lacked the jurisdiction to halt the election. It clarified that Section 28 of the Electoral Act only applies to federal, governorship, and FCT area council elections, not local government elections conducted by states.
The legal battle began when the APC challenged the legality of the elections at the Federal High Court in Abuja. Justice Peter Lifu, who presided over the case, ruled that RSIEC violated electoral laws by fixing the election date without following due process.
The court held that RSIEC failed to provide the mandatory 90-day notice before scheduling the polls in the state’s 23 local government areas. Additionally, it ruled that the voter register update and revision should have been completed before setting an election date.
As a result, Justice Lifu ordered INEC to withhold the certified voters’ register from RSIEC until the relevant legal requirements were met. He also barred RSIEC from accepting or using any voters’ register from INEC for the election.
With the Supreme Court now set to deliver its final ruling, the fate of the October 5, 2024, local government elections in Rivers State hangs in the balance. The judgment is expected to provide clarity on the legal framework governing state-conducted elections and determine whether the APC’s appeal has merit.
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