The Court of Appeal in Abuja has nullified a Federal High Court judgment that barred the Independent National Electoral Commission (INEC) from releasing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for the conduct of local government elections, which have since taken place.
The appellate court, in a decision delivered by a special panel led by Justice Onyekachi Otisi, ruled that the Federal High Court lacked jurisdiction to entertain the case. Justice Otisi explained that Section 28 of the Electoral Act, cited in the initial ruling, only applies to federal, gubernatorial, and area council elections in the Federal Capital Territory—not elections conducted by state electoral bodies.
The appellate court also overturned the lower court’s directive preventing security agencies from performing their constitutional duties during the election.
The case stemmed from a Federal High Court judgment by Justice Peter Lifu, which criticized RSIEC for setting October 5 as the election date without adhering to mandatory legal provisions. Justice Lifu ruled that RSIEC violated the local government election law by failing to publish a 90-day notice before scheduling the election. He also held that the voters’ register should have been updated and revised before a valid election date could be set.
Based on these findings, Justice Lifu had ordered INEC not to release the certified voters’ register to RSIEC until all legal requirements were met.
However, the Court of Appeal’s decision to overturn this judgment comes amid a series of appeals filed by various parties against Federal High Court rulings on political matters in Rivers State. The special panel, chaired by Justice Otisi, had earlier reserved judgment in the consolidated appeals, ultimately siding with RSIEC and clearing the path for the local government elections to proceed.
This ruling reinforces the autonomy of state electoral commissions in conducting local government polls and clarifies the scope of federal judicial intervention in such matters.
