The Court of Appeal in Abuja on Thursday set aside the September 30 judgment of the Federal High Court in Abuja stopping the October 5 Rivers State local government election.
Justice Peter Lifu, in the September 30 judgment, barred the Independent National Electoral Commission from releasing the voter register to the Rivers State Independent Electoral Commission for the purpose of conducting the LG poll.
The judge also barred the Inspector General of Police and the Department of State Services from providing security during the LG poll.
In spite of the order, however, the LG poll held on October 5 but was trailed by violence leading to the burning of three LG secretariats.
In a judgment, on Thursday, however, the Court of Appeal set aside Justice Lifu’s verdict, holding that the lower court judge lacked jurisdiction to entertain the suit brought before him by the opposition All Progressives Congress in Rivers.
Reacting to the appellate court judgment, the Rivers State Commissioner for Information and Communications, Joseph Johnson, said it was received with jubilation and that it vindicated Governor Siminalayi Fubara, who insisted on going on with the LG poll.
Johnson said, “It has been a happy mood in Rivers State because we expected it. We knew that the Court of Appeal would do justice to that setback that the Federal High Court tried to manipulate.
“I’m happy that it has confirmed that the governor made the right decisions.
This is just a pointer to the many more wins that will come and I believe God that in the affairs of Rivers State, all the matters that are before the jurists will get reasonable judgment, and it will be favourable to all Rivers people.”
On the implication of the appellate court verdict, he said, “Just as the governor said during the Thanksgiving we held on October 30th, there is nothing to worry.
“He (Fubara) told the local government people and the contractors to continue to execute their project and then do their legitimate duties.
“So, it is reassuring that the Court of Appeal has in its wisdom now given a sound judgment and that judgment, I want to believe, will be an opener to all the other cases that are hanging.
“So there is no cause for alarm. We are standing on the side of the law. Once you are on the side of the law and the side of God, Aluta continua and victory is certain.”
On his part, the Chairman of the Rivers State Association of Local Government of Nigeria, Ezebunwo Ichemati, said the appeal court had reaffirmed the body’s belief in the justice system.
Itchemati said, “It is clear that the conduct of the Rivers State local government election was guided by the Rivers State Independent Electoral Commission law and these laws dictate the procedures and requirements for the commission to carry out its mandate effectively.
“I believe that RSIEC complied with these laws and did not err in its duties. However, the crux of the matter has always been that Justice Lifu lacked the jurisdiction to adjudicate on that matter, as only the state high court has the authority to preside over issues concerning the state electoral commission’s operations and decisions.
“Sadly, the Tony Okocha-led APC, in their quest to halt the electoral process, approached the court under the guise of challenging the commission’s legitimacy in conducting the elections.”
Also, the APC faction loyal to ex-governor Rotimi Amaechi also welcomed the appellate court’s verdict.
In a statement by its spokesman, Darlington Nwauju, the party said, “We welcome the judgment of the three-man panel led by Justice Onyekachi Otisi completely setting aside the strange judgment of Justice Lifu of the Federal High Court, Abuja, whose strange judgment would have clearly impaired the already conducted council polls in Kwara, Anambra, Imo, Akwa Ibom, Delta, Abia, Cross Rivers, Kano and other states of the federation who relied on their enabling SIEC laws in the conduct of those elections.
“The Rivers APC hails this judgment, which has clearly corrected the misrepresentation of the Constitution by Justice Peter Lifu’s judgment, which sought to impose INEC laws over state electoral bodies without any form of constitutional amendment.”
