As Court Clears RSIEC to Hold Rivers LG Polls October 5, Wike Also Rushes to Court

The judicial warfare on the October 5 Local Government election in Rivers State will continue today as Nyesome Wike, former Governor of the State and FCT Minister has also rushed to court to counter the order given by Justice I. P. C. Igwe who delivered a judgement giving an all-clear to the Rivers State Independent Electoral Commission (RSIEC) , Rivers State Government, and Governor of Rivers State as 1st to 3rd Respondents to conduct the exercise. In other words, another court judgement may come later this morning.

A Rivers State High Court has ordered the Rivers State Independent Electoral Commission (RSIEC) to conduct elections on October 5 to elect democratically elected officials into the 23 Local Government Councils in the State.

The court presided over by Justice I. P. C. Igwe, in Port Harcourt, gave the order in its final judgment on the matter in SUIT NO. PHC/2696/CS/2024, between the Action Peoples Party (APP) as claimant, and the Rivers State Independent Electoral Commission (RSIEC), Rivers State Government and Governor of Rivers State as defendants.

According to a press statement issued by the APP media team said  a Certified True Copy, of the judgment, reads: “Upon this matter coming up before Honourable Justice I. P. C. Igwe sitting at High Court 14, Port Harcourt for Hearing and Determination and After Hearing A. E. Godswill Esq, for the Claimant, holding the brief of E. D. A. Ojoko Esq, and Lois C. Oko Jaja Esq, for the 1st Defendant, P. Enebeli, Assistant Director Ministry of Justice, appearing for the 2nd and 3rd Defendants, it is hereby Ordered as follows: That upon the construction of Section 7 subsection 1 of the Constitution of the Federal Republic of Nigeria (CFRN) 1999, as amended, the 2nd and 3rd Defendants are bound to make provision for election into the Local Government Councils of Rivers State and to ensure that the affairs of the Local Government Councils in Rivers State are conducted by Democratically elected Local Government Councils.’

The final court judgment also said, “That given Section 7 subsection 1, Constitution of the Federal Republic of Nigeria (CFRN) 1999 AS AMENDED, Section 5 (A) of the Rivers State Independent Electoral Commission Law – No 2 of 2018, the Decision of the Supreme Court of Nigeria Delivered on the 11th day of July 2024 in Suit No SC/CV/343/2024: Attorney-General of Federation Vs Attorney-General of Abia State and 35 Ors and the expiration of the tenure of the former democratically elected Local Government Councils in Rivers State on the 17th day of June 2024, the Defendants are bound to conduct Election into the Local Government Councils in Rivers State within the shortest possible time to comply with aforesaid Judgment of the Supreme Court of Nigeria.

“That it is further declared chat given Section 5 (a) of the Rivers State Independent Electoral Commission Law No 2 of 2018, Section 9(1)(a) (4) to (6) of the Electoral Act, 2022 and the exigencies of the decision of the Supreme Court of Nigeria delivered on the 11th day of July 2024 in Suit No SC/CV/343/2024: Attorney-General of the Federation VS Attorney-General of Abia State & 35 Ors, the 1st Defendant is entitled to utilize the National Register of Voters for the 2023 General Elections compiled by the Independent National Electoral Commission (INEC) under Section 9(1)(a) (4) to (6) of the Electoral Act, 2022, already in custody of the 1st Defendant to conduct Election into the 23 Local Government Councils of Rivers State.

“It is also declared that given the decision of the Federal Government of Nigeria following the said Judgment in Suit No SC/CV/343/2024 Delivered on the 11th day of July 2024 to the effect that all states without Democratically elected Local Government Councils in place should conduct Elections into their respective Local Government Councils within three (3) months from the date of the aforesaid Judgment of the Supreme Court of Nigeria, the defendants are bound to conduct elections into Local Government Councils in Rivers State on or before the expiration of the said three (3) months period, on the 5th day of October 2024 and to take all necessary steps towards the conduct of the said Election, including sale of forms to candidates and their parties including the Claimant who is interested in sponsoring candidates for offices in the Local Government Councils”.

The court further said, “That an order of mandatory Injunction be and is hereby issued compelling the 2nd and 3rd Defendant by themselves, or by their agents, privies, servants or representatives and proxies to make adequate provision for election into the Local Government Council in Rivers State and to ensure that the affairs of the Local Government Councils in Rivers State are Conducted by Democratically Elected Local Government Councils.

“That it is further ordered that mandatory injunction be and is hereby issued compelling the 1st Defendant to conduct election into Local Government Councils of Rivers State on the 5th Day of October 2024 or on any other date fixed by the 1st Defendant by its Electoral Guidelines to comply with the aforesaid Judgment of the Supreme Court of Nigeria and to take all necessary steps towards the conduct of the said Elections including sale of forms to candidates and their parties, Including the Claimant who is interested in sponsoring candidates for offices in the Local Government Councils.

“That an order of mandatory injunction be and is hereby further issued directing or commanding the 1st Defendant to utilize the National Register of Voters for the 2023 General Election compiled by the Independent National Electoral Commission (INEC) under Section 9 (1)(a), (4) to (6) of the Electoral Act, 2022 to conduct Election into the twenty-three (23) Local Government Councils of Rivers State.

“That the Nigeria Police Force, the Nigeria Security and Civil Defense Corps, the Nigeria Army and all other Security Agencies and Paramilitary Organizations are hereby ordered to provide adequate security and ensure maintenance of peace, law and order during and after the Election”, the court ruled.

See the court papers below: