Abuja Court Bars INEC From Releasing Voters Register For Rivers LG Polls

A Federal High court in Abuja on Friday, July19, 2024, ordered the Independent National Electoral Commission (INEC) not to release the voters register to the Rivers State Independent Electoral Commission (RSIEC), for the conduct of the Local Government elections in the state.

The Court presided over by Justice Peter Lifu who granted the order of interim injunction against INEC while delivering ruling in a motion ex-parte marked FHC/ABJ/CS/987/2024 filed by the All Progressives Congress (APC), also ordered the Rivers State Independent Electoral Commission and the State Attorney-General from receiving from INEC or using part of the National Voter’s Register relating to Rivers State to conduct Local Government elections in the state.

The motion ex-parte was filed on behalf of APC by a team of lawyers comprising Joseph Daudu, Sebastine Hon and Ogwu James Onoja, all Senior Advocates of Nigeria (SANs) which was filed pursuant to Section 13 of the Federal High Court Act, Order 26 Rules 1 and 3,  order 28 rules 1 and 2, and under the inherent jurisdiction of the court as enshrined in Section 6 of the 1999 Constitution.

The court also restrained the Inspector General of Police (IGP) and the Department of State Service (DSS) from participating or providing security protection for the Rivers State Independent Electoral Commission to conduct Local Government elections in the state.

The trial judge also issued another order directing INEC, Rivers State Independent Electoral Commission, AG of Rivers State, IGP and DSS to maintain status quo ante bellum and should not to do any act or take any further steps in furtherance of the conduct of Local Government elections in Rivers State.

Justice Lifu directed that the interim orders are to remain in force pending the determination of the substantive suit in which the APC is challenging the propriety of the conduct of elections in Rivers Local Governments.

The court however, directed the APC to undertake to pay damages to the five defendants in case its suit was found to be frivolous and that the restraining orders ought not to have been granted in the first instance.

It also granted substituted service of the orders and other court processes on the five defendants through publications in two major national dailies before the adjourned date to attract the attention of the defendants.

Justice Lifu thereafter fixed August 2, 2024 for all the defendants to appear before him for the hearing of the substantive suit.

In a 13-paragraph of the affidavit deposed to by Tony Okocha, the acting Chairman of the Rivers APC, averred that originating summons were taken out against the defendants due to failure of INEC to comply strictly with the provisions of the Electoral Act in respect of the management of the register of voters which it intends to release to Rivers State Independent Electoral Commission for Local Government elections in breach and violation of the provisions of the 1999 Constitution and the Electoral Act.

Okocha averred that it is only the voter register compiled, maintained, updated and kept in the custody of INEC that the Rivers State Independent Electoral Commission can obtain and use to conduct Local Government elections as Rivers State electoral body is not entitled to compile, maintain, update and keep in its custody any separate voters register.

He also averred that the originating summons and motion on notice are pending before the court for hearing, adding that it has become necessary to take proactive steps to preserve the substance of the case by restraining the defendants from tampering with or dissipating the main case pending the hearing and determination of the motion.

Okocha further averred that the APC in Rivers State brought the instant application in the interest of justice for the maintenance of status quo ante bellum and preservation of the main matter.

He undertook to pay damages as may be directed by the court in case the application for the interim restraining order turns out to be unwarranted and frivolous.

The Court accordingly directed the five defendants to appear before it on August 2, 2024 to present their responses.