The legal controversy between the All Progressives Congress (APC) and the Independent Electoral Commission (INEC) over the Rivers State local government elections before the Federal High Court in Abuja raises critical questions about compliance with Nigeria’s electoral laws. At the heart of the issues is the debate surrounding whether INEC can release the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) in accordance with the 1999 Constitution and the Electoral Act, 2022.
The dispute centres on whether the prerequisites for holding the Rivers local government elections have been met. The APC argues that the electoral body must stop voter registration at least 90 days before the election date, in line with the legal provisions. They claim that these requirements have not been complied with by the RSIEC, thereby jeopardizing the legitimacy of the electoral process.
During the hearing, counsel for the parties presented their arguments in turn regarding the jurisdiction of the court to hear the dispute. Motions to join other parties, as well as the application for amendment of counsel and the discontinuance of the action, were also presented. However, the central issue remains the position of INEC and the Rivers State Government on the issue of jurisdictional competence.
Counsel for Rivers State and INEC put forward strong judicial arguments challenging the jurisdiction of the Federal High Court, Abuja to hear the matter. They also stressed that only the Federal High Court, Rivers would be competent to hear the dispute. Furthermore, they argued that the present court, due to its nature as a vacation court, should obtain the consent of both parties to hear the matter.
The reserved decision by Justice Lifu illustrates the legal tension surrounding this complex dispute, highlighting the deep political and legal issues at play. Whatever the Court’s conclusions, this case underlines the fundamental importance of electoral law and good governance in ensuring free and fair elections.