Supreme Court Reserves Judgment on Rivers LG Poll Appeal
The Supreme Court has deferred its judgment on an appeal filed by the All Progressives Congress (APC) seeking to nullify the outcome of the local government elections held in Rivers State on October 5, 2024. The decision came after a five-member panel of the apex court, led by Justice Uwani Abba-Aji, heard final arguments from all parties involved.
The APC, represented by its counsel, Mr. J.B. Daudu, SAN, urged the court to overturn the November 21, 2024, judgment of the Abuja Division of the Court of Appeal, which upheld the validity of the Rivers State local government elections. On the other hand, Governor Siminalaye Fubara’s legal team, led by Mr. Yusuf Ali, SAN, and the Rivers State Independent Electoral Commission (RSIEC), represented by Chief Chris Uche, SAN, urged the Supreme Court to dismiss the appeal, arguing that the lower court’s decision was sound.
Background of the Legal Dispute
The legal battle stems from a pre-election ruling by Justice Peter Lifu of the Federal High Court in Abuja, which initially barred the conduct of the local government polls. Justice Lifu had ruled that the RSIEC failed to comply with statutory requirements, including the mandatory 90-day notice before scheduling the election and the completion of an updated voters’ register. He also prohibited the Independent National Electoral Commission (INEC) from releasing the certified voters’ register to the RSIEC and barred security agencies from providing support for the elections.
However, the Court of Appeal, in a unanimous decision by a special panel led by Justice Onyekachi Otisi, overturned the lower court’s ruling. The appellate court held that the Federal High Court lacked jurisdiction to entertain the suit, as Section 28 of the Electoral Act applies only to federal elections, governorship polls, and area council elections in the Federal Capital Territory (FCT), not state-conducted local government elections.
Implications of the Supreme Court’s Decision
The Supreme Court’s pending judgment has significant implications for the political landscape in Rivers State and the broader interpretation of electoral laws in Nigeria. If the apex court upholds the APC’s appeal, it could invalidate the October 5, 2024, local government elections, potentially leading to a fresh poll. Such a decision would also reinforce the role of federal courts in overseeing state electoral processes, despite the constitutional provisions granting states autonomy over local government elections.
Conversely, if the Supreme Court dismisses the appeal, it would affirm the Court of Appeal’s position, strengthening the independence of state electoral commissions and limiting federal interference in state-conducted elections. This outcome would be a victory for Governor Fubara and the RSIEC, solidifying the legitimacy of the elected local government officials.
Critique of the Legal Process
The protracted legal dispute highlights the complexities and ambiguities in Nigeria’s electoral laws, particularly regarding the delineation of powers between federal and state institutions. The APC’s argument hinges on procedural lapses by the RSIEC, while the respondents emphasize the constitutional autonomy of states in conducting local government elections.
However, the case also raises questions about the timing and motives behind the litigation. Critics argue that the APC’s legal challenge appears to be more politically motivated than rooted in genuine concerns about electoral integrity. The party’s failure to secure a favorable outcome at the polls may have prompted its recourse to the judiciary, a tactic increasingly common in Nigeria’s highly polarized political environment.
As the Supreme Court reserves its judgment, stakeholders in Rivers State and beyond await a ruling that could either reinforce state autonomy in electoral matters or expand federal oversight. The decision will not only determine the fate of the October 2024 local government elections but also set a precedent for future disputes over the conduct of state-level polls.
Regardless of the outcome, the case underscores the urgent need for clearer legal frameworks to address jurisdictional conflicts and ensure the smooth conduct of elections at all levels of government. Until then, Nigeria’s electoral system remains vulnerable to legal battles that often overshadow the democratic process and undermine public confidence in governance.
Reference
Supreme Court Reserves Judgment on Rivers LG Poll Appeal