Justice Peter Lifu of the Federal High Court in Abuja has ordered that the Independent National Electoral Commission (INEC) not release the voters’ record to the Rivers State Independent Electoral Commission (RSIEC), which will conduct the state’s upcoming local elections.
Justice Lifu imposed an interim injunction against INEC while ruling on an ex-parte motion filed by the All Progressives Congress.
A team of senior lawyers filed the motion ex parte on behalf of the All Progressives Congress (APC), citing Section 13 of the Federal High Court Act, Order 26 Rules 1 and 3, Order 28 Rules 1 and 2, and the court’s inherent jurisdiction as enshrined in Section 6 of the 1999 Constitution.
The judge also prohibited the Rivers Electoral Commission and Rivers Attorney-General from receiving from INEC or using any part of the National Voters Register pertaining to Rivers State for conducting local government elections.
Similarly, Justice Lifu restrained the Inspector General of Police and the Department of State Services (DSS) from participating in or providing security for the Rivers State Electoral Commission to conduct local government elections.
Additionally, the judge issued an order preventing INEC, the Rivers State Electoral Commission, the Attorney-General of Rivers State, the IGP, and the DSS from altering the existing conditions and from taking any further steps towards conducting local government elections in Rivers State.
These interim orders will remain in effect pending the resolution of the substantive suit in which the APC is challenging the legality of the local government elections in Rivers State.
In granting the interim restraining orders, Justice Lifu required the APC to commit to compensating the five defendants if the court finds the suit to be frivolous and the restraining orders unwarranted.
Justice Lifu also allowed for substituted service of the orders and other court documents on the five defendants through publication in two major national newspapers before the adjourned date to ensure the defendants are notified.
The judge scheduled a hearing for August 2, where all defendants are required to appear before the court to address the substantive matter.
In a 13-paragraph affidavit, Tony Okocha, the acting Chairman of Rivers APC, stated that the originating summons were issued against the defendants due to INEC’s failure to adhere strictly to the Electoral Act’s provisions regarding the management of the voters register. INEC intended to release this register to the Rivers Electoral Commission for local government elections, which Okocha claimed would violate the 1999 Constitution and the Electoral Act.
The affidavit asserted that only the voter register compiled, maintained, updated, and held by INEC can be used by the Rivers Electoral Commission for local government elections. Rivers SIEC is not authorised to compile, maintain, update, or keep any separate voters register.
The acting Chairman of the APC further explained that their originating summons and motion on notice are awaiting hearing in court. He stressed the necessity of taking proactive measures to preserve the integrity of the case by restraining the defendants from interfering with the main issue until the motion’s hearing and determination.
He also asserted that the APC in Rivers State brought this application in the interest of justice, to maintain the status quo ante bellum and preserve the primary matter.
Moreover, the deponent committed to paying any damages directed by the court if the application for the interim restraining order is found to be unwarranted and frivolous.
The five defendants have been instructed to appear in court on August 2 to present their respective responses.