The court has delayed ruling on the APC’s lawsuit against INEC over Rivers LG election issues. A final judgment is anticipated.
The All Progressives Congress (APC) brought a suit against the Independent National Electoral Commission (INEC) over its handling of local government elections in Rivers State, and the Federal High Court in Abuja has yet to deliver its judgment.
Justice Peter Lifu stated that the parties involved in the case will be notified of the judgment date.
On Thursday, the judge postponed setting a judgment date until after counsel for all parties presented their differing legal arguments in favor and against the lawsuit.
The court heard all outstanding preliminary applications, including those for joinder submitted by the Social Democratic Party (SDP) and Boot Party (BP), along with the main lawsuit during Thursday’s proceedings.
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The court considered motions presented by Chief Goddy Uche, SAN for the substitution of counsel and another motion seeking to end the lawsuit on behalf of APC’s Rivers State chapter. Both motions received equal attention from the court.
An application for a change of counsel dated August 28 and a motion to discontinue the lawsuit, signed by Chief Emeka Beke (Chairman APC Rivers State) and Sam Sam Etetegwung (Secretary APC Rivers State), were both filed and argued by Uche.
Joseph Daudu, a Senior Advocate of Nigeria (SAN), along with six other SANs including Dr. James Ogwu Onoja sought to obtain the reliefs requested by Taiwo Taiwo, another SAN representing the plaintiff. However, Femi Falana, also an SAN and legal counsel for the Rivers State Independent Electoral Commission (RSIEC) as well as the Attorney General of Rivers state challenged whether or not it was within court jurisdiction to hear this case.
The competence of the suit was challenged on the basis that it was statute barred by counsel for both parties.
Furthermore, concerning the matter of jurisdiction, counsel for the respondents contended that it is most appropriate for the Rivers State division of the Federal High Court to hear and decide on this case.
Both parties equally argued that the court sitting as a vacation court lacks jurisdiction to hear the case unless they obtain consent from both sides.
The plaintiff’s counsel strongly contended that RSIEC has not fulfilled the necessary conditions for holding a local government election in Rivers State.
On August 28, the plaintiff submitted an application to the court requesting a change of counsel. Additionally, Chief Emeka Beke (Chairman APC Rivers State) and Sam Sam Etetegwung (Secretary, APC Rivers State) signed a notice of discontinuance that was also presented to the court by the plaintiff.
The originating summons marked FHC/ABJ/CS/987/2024 filed by the party aims to obtain a declaration that INEC has an obligation to update and revise the register in a way that guarantees cessation of the process no later than 90 days before council poll.
