Court Orders Rivers State Electoral Commission to Hold Local Government Elections on October 5

A Rivers State High Court sitting in Port Harcourt has ordered the Rivers State Independent Elec­toral Commission (RSIEC) to conduct the local government councils elections slated for Oc­tober 5, using the 2023 voters’ register at its disposal.

The court, presided over by Justice I. P. C. Igwe, also mandated the police, Nigerian Security and Civil Defence Corps (NSCDC), the Army and other security agen­cies to provide adequate security during and after the polls, to avert security breaches.

The court in a suit marked PHC/2696/CS/2024, between Ac­tion Peoples Party (APP), as the claimant and the Rivers Indepen­dent Electoral Commission, Riv­ers State government and gover­nor of Rivers State as defendants, declared that the Supreme Court judgment mandating states with­out democratically elected coun­cil chairmen to conduct elections within three months to fill those positions is sacrosanct.

A certified true copy of the court order sighted by our cor­respondent on Sunday, declares: “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 adequate 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.

“That in view of 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 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 in order to comply with aforesaid judgment of the Supreme Court of Nigeria.”

The order which was issued on Friday, September 4, 2024, further stated: “That it is further declared that in view of 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 utilise the national register of vot­ers for the 2023 general elections compiled by the Independent National Electoral Commission (INEC) pursuant to 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.

“That it is also declared that in view of 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 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 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.

That an order of mandatory injunction be and is hereby issued compelling the 2nd and 3rd defen­dants 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.

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“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 in accordance with its electoral guidelines in or­der 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 uti­lise the national register of voters for the 2023 general election com­piled by the Independent Nation­al Electoral Commission (INEC) pursuant to 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 De­fence Corps, the Nigeria Army and all other security agencies and paramilitary organisations are hereby ordered to provide ad­equate security and ensure main­tenance of peace, law and order during and after the election”.