The Court of Appeal Abuja has overturned a Federal High Court decision that prevented the Independent National Electoral Commission (INEC) from releasing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for the recently conducted local government elections.
Delivering the ruling, a special panel led by Justice Onyekachi Otisi declared that the Federal High Court lacked jurisdiction to entertain the matter. The appellate court clarified that Section 28 of the Electoral Act applies exclusively to federal elections, governorship elections, and area council elections within the Federal Capital Territory (FCT), not state-level elections.
The appellate court also stated that the lower court erred by restraining security agencies from performing their constitutional duties during the election process.
Background of the Case
The Federal High Court, presided over by Justice Peter Lifu, had earlier ruled that:
- RSIEC violated local government election laws by not issuing the mandatory 90-day notice before the election.
- INEC was prohibited from releasing the voters’ register until RSIEC complied with all legal requirements.
Justice Lifu also criticized RSIEC for setting the election date, October 5, without adhering to statutory regulations, including the completion of voters’ register updates and revisions.
Consolidated Appeals
The appellate ruling is part of a series of appeals filed by parties dissatisfied with Federal High Court judgments concerning political disputes in Rivers State. Justice Otisi’s panel had previously reserved judgment in the consolidated appeals challenging Justice Lifu’s decision.
This decision reinforces the jurisdictional boundaries outlined in the Electoral Act and upholds the autonomy of state electoral commissions for local elections. It also underscores the appellate court’s role in ensuring procedural compliance in election-related disputes.
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