A Landmark Ruling
In a significant blow to the All Peoples Party (APP), the Supreme Court has declared the October 5, 2024, local government election in Rivers State as “invalid, illegal, null, and void.” The apex court ruled that the election, conducted by the Rivers State Independent Electoral Commission (RSIEC), violated key provisions of the Electoral Act 2022. Here’s a breakdown of the ruling and its implications.
The Supreme Court’s Verdict: Why the Election Was Nullified
Delivering the lead judgment, Justice Jamilu Tukur emphasized that the RSIEC failed to meet the necessary legal requirements before conducting the election. Specifically, the court cited a gross violation of Section 150 of the Electoral Act 2022, which outlines the conditions precedent for conducting elections.
The ruling upheld an earlier decision by a Federal High Court in Abuja, which had barred the Independent National Electoral Commission (INEC) from releasing the voter register to the RSIEC. Justice Peter Lifu of the Federal High Court had also prohibited the Inspector General of Police (IGP) and the Department of State Services (DSS) from providing security for the election.
Key Legal Violations: What Went Wrong?
The Supreme Court’s decision was based on several critical legal breaches by the RSIEC:
Failure to Publish a 90-Day Notice:
The RSIEC did not issue the mandatory 90-day notice before fixing the election date, as required by law.
Incomplete Voter Register Update:
The electoral body failed to complete the update and revision of the voter register before announcing the election date.
Disregard for Court Orders:
Despite the Federal High Court’s injunction, the RSIEC proceeded with the election, further undermining its legality.
The Role of the APC: Challenging the Election
The All Progressives Congress (APC) had filed the suit that led to the Federal High Court’s injunction. Represented by a team of Senior Advocates of Nigeria (SANs), including Joseph Daudu, Sebastine Hon, and Ogwu James Onoja, the APC argued that the RSIEC’s actions were in clear violation of the law.
Justice Peter Lifu agreed, stating that the RSIEC acted unlawfully by fixing the election date without complying with the necessary legal frameworks.
Implications of the Ruling: What’s Next for Rivers State?
The Supreme Court’s decision has far-reaching consequences for Rivers State:
Election Re-run: The nullification of the October 5, 2024, election means that a new poll must be conducted in compliance with the law.
Accountability for RSIEC: The ruling raises questions about the competence and integrity of the RSIEC, which may face further scrutiny.
Political Fallout: The APP, which won the now-nullified election, will need to regroup and strategize for a potential re-run.
