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CONFUSION IN RIVERS OVER OCTOBER 5 LOCAL GOVT ELECTION
While an Abuja high court had on Monday September 30, 2024, halted the Independent National Electoral Commission INEC from making its national electoral register available for the conduct of local government election in Rivers state, another federal high court in Rivers State had reportedly affirmed that the local government election in the state will proceed as scheduled on October 5.
According to Daily Post, Justice I.P.C. Igwe of Port Harcourt high court delivered the ruling in a case involving the Action Peoples Party (APP) against the Rivers State Independent Electoral Commission and the state government.
He emphasized that the defendants must ensure adequate provisions for the elections and that local councils are run by democratically elected officials.
Justice Igwe stated, “The 2nd and 3rd defendants are bound to make adequate provision for elections into the Local Government Councils of Rivers State.”
He highlighted that the court’s decision aligns with Section 7, Subsection 1 of the Constitution, requiring local elections to be held following the expiration of the previous councils’ tenure on June 17, 2024.
The court mandated that the Rivers State Independent Electoral Commission utilize the National Register of Voters for the 2023 General Elections to conduct the polls.
Following the ruling, Hon. Ikenga Ugochinyere, a spokesperson for opposition lawmakers, praised the judgment as a victory for democracy, asserting, that “this court judgment has saved democracy… The local government election in Rivers State will hold as scheduled.”
Reacting, the Action Peoples Party (APP) condemned a judgment delivered by Hon. Justice Peter Lifu of the Federal High Court in Abuja, saying it is a conflicting judgment.
According to APP National Chairman, Hon. Uchenne Nnadi, the party received the judgment with great shock, describing it as “laughable” and a clear example of “judicial confusion” and “conflict of decision”.
The party argued that the controversy surrounds two judgments delivered by Justice Lifu within 10 days.
Nnadi said in the first judgment, delivered in a case filed by APP against INEC, some former members of the Rivers State House Assembly, and PDP, Justice Lifu ruled that the PDP National Legal Adviser cannot appoint legal representation for PDP against the State Chapter since all facts connected to the case concerned Rivers State alone.
He pointed out that Justice Lifu had cited previous judgments by Justices Inyang Ekwo and E. A. Obile, who held similar views on the matter.
However, in a stunning reversal, Justice Lifu’s latest judgment declared that the State chapter of the APC is not a juristic person and that the National Legal Adviser of the APC has the authority to appoint counsel to represent the APC.
Nnadi criticized this reversal, emphasizing that it contradicts previous judgments and undermines the rule of law.
“Just this afternoon we received with great shock another conflicting judgment from Federal High Court Abuja, though not surprised considering the particular court the said judgment is coming from. As laughable as this judgment may sound, this joke has been taken too far, and it is high time it stopped.
“In that case, he cited also the decision of Justice Inyang Ekwo in Suit No. In FCH/ABJ/CS/112/2023, Justice Ekwo also held that the National Secretariat cannot appoint representation for the State Chapter. Justice Lifu further cited the decision of Justice E. A. Obile of the Federal High Court in Port Harcourt in Suit No FCH/PH/CS/90/2024 on the same issue. He cited other judgments in the same line and concluded with these words,
“This Court cannot create a different channel of reasoning different from the established precedent as doing so will amount to judicial confusion, conflict of decision, judicial impertinence and judicial rascality.” These were the words of Justice Lifu on the 20th of September 2024, just 10 days ago.”
He added: “In today’s judgment delivered by the same Justice Lifu on the issue of legal representation of a political party between the National and Rivers State Chapter of APC, the court somersaulted and made a total departure from his earlier judgment
“10 days and held that the State chapter of the Party is not a juristic person and that it is the National Legal Adviser of APC that has the duty and authority to appoint Counsel to represent APC and the Court does not have the jurisdiction to interfere with the internal affairs of a political party.
“He thereafter discountenanced the processes filed by the State Chapter of the APC and upheld those filed by the National Legal Adviser in total conflict with his earlier judgment 10 days ago.
“There are no other better words to describe this judgment of Justice Lifu delivered today, other than to borrow his own words that THIS JUDGMENT AMOUNT TO JUDICIAL CONFUSION, CONFLICT OF DECISION, JUDICIAL”
The APP chairman called on the Chief Judge of the Federal High Court, Justice John Tsoho, to intervene and prevent the Federal High Court from becoming a platform for politicians to obtain judgments and orders like commodities.
He called on the Chief Justice of Nigeria (CJN) and the National Judicial Council (NJC) to take immediate action to restore integrity to the Federal High Court.
Nnadi warned that if left unchecked, the court’s credibility will suffer, and judgments will be seen as personal political opinions, potentially leading to anarchy.
He continued: “We, therefore call on the Chief Justice of Nigeria and the National Judicial Council to note that if urgent action is not taken to sanitize the Federal High Court, the society will soon lose all confidence in that Court and treat their judgment and orders as mere personal political opinions which will lead to a state of anarchy. A judge cannot be allowed to indulge in judicial gymnastics, sidestep fundamental prayers of counsel and nullify and rely on laws he chooses to suit his ambition and get away with it.”
He, however, noted that the judgment delivered by Justice Lifu contradicts Section 60(2) of the RSIEC Law and Section 84(15) of the Electoral Act, which prevents courts from stopping elections.
He said Justice I.P.C. Igwe of the Rivers State High Court had previously directed RSIEC to proceed with the election on October 5, ensuring adequate security, saying the judgment takes precedence, being from a court of coordinate jurisdiction.
He said RSIEC had continued preparations for the election, following Justice Igwe’s order.
