Justice Peter Lifu of a Federal High Court in Abuja on Friday restrained the Independent National Electoral Commission (INEC) from releasing the national voter’s register to the Rivers State Independent Electoral Commission (Rivers SIEC) for use in the planned local hovernment (LG) election in the state.
Justice Lifu made the order while delivering a ruling in a motion exparte brought before him by the All Progressives Congress (APC).
The motion exparte marked: FHC/ ABJ/CS/ 987/2024 was filed on behalf of the APC by a team of lawyers comprising Joseph Daudu, Sebastine Hon and Ogwu James Onoja, all Senior Advocates of Nigeria.
While the APC is the sole plaintiff, INEC, Rivers SIEC, Rivers Attorney-General, Inspector General (IG) of Police and the Department of State Services (DSS) are first to fifth respondents respectively.
In a supporting affidavit attached to the exparte application, the APC claimed that the register of voters, which INEC intends to release to Rivers SIEC for use in the conduct of planned election, is in breach and violations of the provisions of the 1999 Constitution and the Electoral Act, 2022.
According to the applicant, INEC cannot release the national voter’s register to Rivers SIEC because the national electoral body has failed “to comply strictly with the provisions of the Electoral Act 2022 in respect of the management of the register of voters which it intends to release to the 2nd defendant for use in the conduct of said election”.
The acting chairman of the Rivers APC Caretaker Committee, Chief Tony Okocha, said: “That it is the register of voters compiled, maintained, updated and kept in the custody of the 1st defendant that the 2nd defendant obtains and uses to conduct local government elections in Rivers State as the 2nd defendant is not statutorily entitled to compile, maintain, update and keep in its custody any separate register of voters for the conduct of local government elections.”
According to the applicant, INEC cannot release the national voter’s register to Rivers SIEC because the national electoral body has failed “to comply strictly with the provisions of the Electoral Act 2022 in respect of the management of the register of voters which it intends to release to the 2nd defendant for use in the conduct of said election”.
The acting chairman of the Rivers APC Caretaker Committee, Chief Tony Okocha, said: “That it is the register of voters compiled, maintained, updated and kept in the custody of the 1st defendant that the 2nd defendant obtains and uses to conduct local government elections in Rivers State as the 2nd defendant is not statutorily entitled to compile, maintain, update and keep in its custody any separate register of voters for the conduct of local government elections.”
Okocha argued that unless restrained by the court, INEC will proceed to release the voter’s register to Rivers SIEC for the conduct of the council polls.
“That unless restrained by the orders of this court, the defendants will proceed to breach and violate the provisions of the constitution and the Electoral Act and prejudice the rights of the plaintiff as a duly registered political party in Nigeria.
“That I hereby undertake to pay damages as may be directed by this honourable court arising from the grant of injunction pending the determination of the grant of this application or this case ultimately turn out to be unwarranted and frivolous,” the deponent added.
After listening to submissions of the applicants and reading the supporting affidavit, Justice Lifu granted the application as prayed and made an order directing INEC not to release the national voter’s register to the Rivers SIEC for the purpose of the forthcoming council polls in the state.
The court in addition restrained the Rivers Electoral Commission and Rivers Attorney-General from receiving from INEC or using part of the national voter’s register relating to Rivers State to conduct local government elections in the state.
Similarly, Justice Lifu also restrained the IG and the DSS from participating or providing security protection for Rivers State Electoral Commission to conduct local government elections in the state.
The judge in addition, ordered all the respondents to maintain status quo ante bellum and not to do any act or take any further steps in furtherance of the conduct of council polls in Rivers State.
The interim orders are to remain binding pending the determination of the substantive suit in which the APC is challenging the propriety of the conduct of election in Rivers local government.
Meanwhile, the court has ordered substituted service of the orders and other court processes on the five defendants and that the service of the court process must be published in two major national dailies to attract the attention of the defendants.
Similarly, the judge fixed August 2 for all the defendants to appear before him to hear the substantive matter.
This Day
