Appeal Court Overturns Federal High Court Judgment on Rivers LG Polls

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The Court of Appeal in Abuja has nullified a Federal High Court ruling that prohibited the Independent National Electoral Commission (INEC) from providing the Rivers State Independent Electoral Commission (RSIEC) with the voters' register required for conducting local government elections.

Justice Peter Lifu of the Federal High Court had earlier ruled against INEC's involvement, citing alleged non-compliance with electoral laws. However, the Rivers State High Court had previously mandated RSIEC to proceed with the elections using the 2023 voters' register, ensuring adherence to the expiration of prior local government officials' tenure in June.

Context of the Rulings

Justice I. Igwe of the Rivers State High Court directed RSIEC to conduct the local polls promptly, referencing constitutional and legal obligations under Section 7(1) of the Nigerian Constitution and the RSIEC Law of 2018. The court also highlighted a recent Federal Government directive urging states to ensure democratically elected local governments, following a Supreme Court judgment on local government autonomy.

Despite this, Justice Lifu's Federal High Court judgment challenged the timing and preparation for the elections, noting RSIEC's failure to provide a 90-day notice as required by law and citing an incomplete update of the voters’ register. This led to INEC being barred from releasing the register, and security agencies were restrained from supporting the elections.

Appeal Court’s Decision

On appeal, a special panel led by Justice Onyekachi Otisi declared that the Federal High Court lacked jurisdiction over the matter. The Appeal Court clarified that Section 28 of the Electoral Act applies only to federal elections, governorship elections, and elections in the Federal Capital Territory, not local government polls.

The panel criticized the lower court for overstepping its jurisdiction and undermining the constitutional duties of security agencies. It ruled that the Federal High Court's orders were invalid, restoring RSIEC's authority to conduct the elections.

Broader Implications

This judgment is part of several appeals challenging Federal High Court decisions on electoral matters. The Appeal Court has emphasized the distinct jurisdictions and legal frameworks governing local government elections compared to federal and state elections, reinforcing the autonomy of state electoral bodies.

This ruling sets a precedent for clarifying the roles of various courts and electoral bodies in Nigeria's complex electoral system.

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