The Action Peoples Party (APP) has criticized the Federal High Court’s ruling in Abuja, which prohibited the Independent National Electoral Commission (INEC) from releasing the voters’ register for the upcoming local government election in Rivers State.
Speaking at an emergency press briefing in Port Harcourt on Monday, the party’s National Chairman, Uchenna Nnadi, called the order by Justice Peter Lifu “inconsistent” and a “threat to democracy.”
Nnadi reaffirmed the party’s commitment to ensuring that the local government election in Rivers State proceeds as planned on October 5, 2024.
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Nnadi said, “Just this afternoon we received with great shock another conflicting judgement from Federal High Court, Abuja, though not surprised considering the particular court the said judgement is coming from. As laughable as this judgment may sound, this joke has been taken too far, and it is high time it stopped.”
Expressing shock over the court’s decision, Mr. Nnadi recalled that just ten days ago, in a case filed by the APP against INEC, pro-Wike lawmakers, and the PDP, the same judge ruled that the PDP’s National Legal Adviser could not appoint legal representation for the party against its state chapter.
However, in a surprising twist, the same judge ruled today in a similar case involving the All Progressives Congress (APC), asserting the opposite—that the national body, rather than the state chapter, has the authority to appoint legal counsel.
The APP criticized this ruling as a “somersault” and accused the court of sowing confusion within the judicial system.
“We may recall that a few days ago Justice Lifu gave judgment in a matter our party Action Peoples Party (APP) filed against INEC, some former members of the Rivers State House Assembly, and PDP in Suit No FHC/ABJ/CS/978/2024. The said judge ruled that the PDP National Legal Adviser cannot appoint legal representation for PDP against the State Chapter of the Party since all the facts connected to the case were concerned Rivers State alone. In that case, he cited also the decision of Justice Inyang Ekwo in Suit No. In FCH/ABJ/CS/112/2023, Justice Ekwo also held that the National Secretariat cannot appoint representation for the State Chapter,” he said.
“Justice Lifu further cited the decision of Justice E. A. Obile of the Federal High Court in Port Harcourt in Suit No FCH/PH/CS/90/2024 on the same issue.
“He cited other judgments in the same line and concluded with these words, ‘This Court cannot create a different channel of reasoning different from the established precedent as doing so will amount to judicial confusion, conflict of decision, judicial impertinence and judicial rascality.’ These were the words of
Justice Lifu on the 20th of September 2024, just 10 days ago.
“In today’s judgment delivered by the same Justice Lifu the issue of legal representation of a political party between the National and Rivers State Chapter of APC, the court somersaulted and made a total departure from his earlier judgment 10 days and held that the State chapter of the Party is not a juristic person and that it is the National Legal Adviser of APC that has the duty and authority to appoint Counsel to represent APC and the Court does not have the jurisdiction to interfere with the internal affairs of a political party. He thereafter discountenanced the processes filed by the State Chapter of the APC and upheld those filed by the National Legal Adviser in total conflict with his earlier judgment 10 days ago. There are no better words to describe this judgment of Justice Lifu delivered today, other than to borrow his own words that THIS JUDGMENT AMOUNT TO JUDICIAL CONFUSION, CONFLICT OF DECISION, JUDICIAL IMPERTINENCE, AND JUDICIAL RASCALITY.”
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The APP National Chairman urged the Chief Judge of the Federal High Court, Hon. Justice John Tsoho, to put an end to the practice of turning the Federal High Court into what he described as a “shopping mall,” where politicians seek court orders, injunctions, and judgments as if they were commodities. He argued that this perception is held by the general public.
He also accused the Minister of the Federal Capital Territory (FCT), Nyesom Wike, of attempting to interfere in the upcoming local government elections. Citing comments made by the minister during a reception in Port Harcourt over the weekend, the chairman noted that Wike hinted at potential developments regarding the election.
The APP further criticized Justice Lifu, accusing him of distorting facts in an effort to halt the election.
According to the party, the judge misrepresented the situation by asserting that the Rivers State Local Government Law does not govern elections, instead pointing to the Electoral Act, and in doing so, nullified Section 60(2) of the RSIEC Law, which prohibits courts from stopping elections.
The APP emphasized that this section of the RSIEC law is in line with Section 84(15) of the Electoral Act and questioned why one would be invalidated while the other remains valid.
The chairman also reminded the public that on September 4, 2024, Justice I. Igwe of the Rivers State High Court ruled in favor of holding the elections, instructing the state electoral commission (RSIEC) to ensure the polls proceed and that adequate security is provided.
The APP argued that this ruling should take precedence, asserting that Justice Lifu’s judgment does not override a decision from a court of coordinate jurisdiction.
The party called on the Chief Justice of Nigeria and the National Judicial Council to intervene immediately, condemning what they described as “judicial gymnastics” within the Federal High Court.
They warned that continued inconsistency could lead to a loss of public trust in the judiciary.
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