Appeal Court Overturns Judgment On Rivers LG Election
The Court of Appeal in Abuja has nullified a Federal High Court ruling that barred the Independent National Electoral Commission (INEC) from releasing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for local government elections, which have since been conducted.
Delivering the judgment, the special panel led by Justice Onyekachi Otisi held that the Federal High Court lacked jurisdiction over the matter, emphasizing that Section 28 of the Electoral Act applies only to federal elections, governorship races, and area council elections in the Federal Capital Territory, not state-conducted polls.
The appellate court also ruled that the lower court erred by directing security agencies not to perform their constitutional duties during the election process.
The original ruling by Justice Peter Lifu of the Federal High Court had criticized RSIEC for announcing October 5 as the election date without adhering to legal requirements, including the mandatory 90-day notice stipulated by the local government election law. Justice Lifu had also ruled that INEC should withhold the Certified Voters’ Register from RSIEC until all legal prerequisites were met.
The Court of Appeal’s decision came after consolidated appeals were filed by aggrieved parties contesting the Federal High Court’s judgment. Justice Otisi’s special panel, convened to handle political cases from Rivers State, delivered the ruling as part of broader adjudications on similar appeals.
The judgment reinforces the separation of responsibilities between federal and state electoral authorities and clarifies the scope of jurisdiction in such matters.
