The Court of Appeal in Abuja has overturned the Federal High Court’s decision that prevented the Independent National Electoral Commission (INEC) from providing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for conducting the local government elections, which have now been held.
Delivering the judgment, the special panel, headed by Justice Onyekachi Otisi, ruled that the lower court lacked jurisdiction to hear the case.
It emphasized that Section 28 of the Electoral Act applies only to federal elections, not state elections, including governorship and area council elections in the Federal Capital Territory.
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The appellate court further stated that the lower court erred in directing security agencies not to carry out their constitutional duties.
The case stemmed from a ruling by Justice Peter Lifu of the Federal High Court, which criticized RSIEC for scheduling the election date of October 5 without complying with relevant electoral laws.
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The judge found that RSIEC had violated local government election law by failing to issue the required 90-day notice before setting the election date.
Additionally, the judge ruled that the voters’ register needed to be updated and revised before a valid election date could be established.
As a result, he ordered INEC not to release the Certified Voters’ Register to RSIEC until all legal requirements were fulfilled.
This appeal is part of several appeals filed by parties dissatisfied with certain judgments issued by the Federal High Court in Abuja.
A special panel of the Court of Appeal, led by Justice Otisi, had reserved its judgment on the consolidated appeals challenging Justice Lifu’s decision.
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