Samuel Marshall
The Action People’s Party (APP) has successfully obtained 22 out of 23 chairmanship positions in the recent local government elections in Rivers State, conceding only one position to the Action Alliance (AA). The APP also secured 314 out of 319 councillorship seats across the 23 local government areas. This outcome has brought a sense of relief to many in Nigeria, especially following the tumultuous events surrounding the election before 5th October 2024, which resulted in two separate courts issuing alternate rulings on whether the election should proceed. A High Court in Port Harcourt had determined previously that the election should go on, while the Federal High Court in Abuja later ordered its suspension.
THE CONFLICT OF RULINGS
The ruling in Port Harcourt, delivered by Hon. Justice I. P. C. Igwe, addressed a case brought by the Action People’s Party (APP) against the Rivers State Electoral Commission (RSIEC), the Rivers State Government, and the Governor of Rivers State. This judgment, issued on September 4th, affirmed the RSIEC’s intent to maintain the scheduled election date of 5th October. Additionally, the ruling authorized the electoral body to utilize the National Register of Voters from the 2023 general election.
However, Tony Okocha, representing a faction of the All Progressives Congress (APC), instituted a lawsuit against it. Notwithstanding his fate as APC’s chairman, who had recently been deposed by a Port Harcourt High Court, Okocha initiated an action at the Federal High Court, Abuja, challenging the 5th October local government election date. Hon. Justice Peter Lifu, issued a judgement regarding the matter on Monday, 30th September 2024, suspending the local government election scheduled for 5th October because of the RSIEC’s having not followed the electoral guidelines in setting the date; and also pointing out the RSIEC’s failure to publish the mandatory 90-day notice before setting the election date. The ruling, additionally, prohibited the Independent National Electoral Commission (INEC) from supplying electoral materials to the RSIEC for the local government elections while also restricting the Inspector General of Police (IGP) and the Department of State Services (DSS) from providing security for the election.
UNEXPECTED POLICE INTERVENTION
The day following the ruling, the RSIEC premises were observed to be occupied by police forces, presumably to prevent the local government elections from occurring. Despite this presence, the police contended that they had secured the INEC premises solely in anticipation of potential vandalism during the anticipated nationwide protests scheduled for 1st October.
FUBARA INSISTS ON 5TH OCTOBER
Despite the Federal High Court ruling, Governor Siminalayi Fubara of Rivers State gave a separate speech, asserting that the local government election will proceed as planned. He emphasized the RSIEC’s order obtained from a Port Harcourt High Court mandating the Commission to conduct the local government election on the 5th of October 2024, adding that the ruling also directed security agencies to support RSIEC. He assured the public that the government would provide full support to ensure a free, fair, and peaceful election.
POLICE KEEP THEIR DISTANCE
Conversely, the Legal Department of the Police upheld the court verdict issued on 30th September in Abuja, which prohibits the Force from offering assistance for the local government elections. Consequently, the headquarters has instructed all Area Commanders, Divisional Police Officers, and Tactical Commanders to ensure the complete withdrawal of police support.
LOGIC OF THE INFORMATION COMMISSIONER
Furthermore, the Rivers State Commissioner for Information, Hon. Joe Johnson, reiterated Governor Fubara’s position, informing journalists that the Rivers State Independent Electoral Commission (RSIEC), established by the Rivers State House of Assembly, should have been challenged in a High Court within the State rather than the Federal High Court in Abuja, describing the lawsuit as misguided.
FATE SMILES ON FUBARA
Incidentally, Rivers State Governor, on Friday 4th October, at about 1:00 am, foiled an attempt by the Nigerian Police, allegedly led by the Deputy Commissioner of Police (Operations), to take over the RSIEC’s office and cart away election materials. Upon receiving a quick call, the governor mobilized numerous government functionaries to the scene, and together, they aborted the attempt.
JONATHAN’S ADVICE TO THE JUDICIAL COMMISSION
Former President Goodluck Jonathan, reacting to the scenario, issued a statement calling on the National Judicial Commission (NJC) to “take action that will curb the proliferation of court orders and judgements, especially those of concurrent jurisdiction giving conflicting orders”, concluding that “This, if not checked, will ridicule the institution of the judiciary and derail our democracy”.
ANOTHER PROTEST
A coalition of several civil society organizations known as the Joint Action for Democracy (JAD) recently announced during a press conference their intention to conduct a demonstration in Abuja, aimed at advocating for the dismissal of certain judges. They underscored the importance of the National Judicial Council (NJC) prioritizing the preservation of judicial independence and integrity to protect the democratic process in Nigeria.***
