R
Richard Ogunsile
Guest
A High Court in Rivers State, located in Port Harcourt, has granted an ex parte order prohibiting the All Progressives Congress (APC) and its National Chairman, Abdullahi Ganduje, from holding any elective congresses for the state chapter of the party without the involvement of the claimants/applicants.
Naija News understands that this prohibition extends to all local government and state executive committee congresses, as well as any other congresses until the main suit is resolved.
The presiding judge, Justice G.V. Obomanu, also issued an interim injunction that specifically prevents the defendants from conducting the planned congresses on November 23 and 30, 2024, or on any other date.
This injunction halts any further actions related to the congresses and disallows the recognition of any individuals purportedly elected during the ward congresses held on November 16, 2024, until the motion on notice is heard and decided.
The legal action was initiated by Okwu Joebrown-Ndike, Peace Oganu, and Samuel Uchegbule, who represent APC members seeking various positions in the upcoming congresses.
They contended that, despite having paid for nomination forms, they were denied access to these forms, which led to the filing of the lawsuit.
Justice Obomanu has scheduled the case for a hearing on the motion on notice for December 3, 2024.
Fubara Vs Wike: Appeal Court Nullifies Federal High Court Judgment Against Rivers State LG Election
Meanwhile, the Court of Appeal in Abuja has overturned a Federal High Court ruling that prevented the Independent 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.
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