Fubara vs Wike: Appeal Court Strikes Down Federal High Court Judgment On LG Election

Fubara vs Wike: Appeal  Court Strikes Down Federal High Court Judgment On LG ElectionThe Court of Appeal in Abuja has overturned a Federal High Court ruling that prevented the Independent National Electoral Commission (INEC) from releasing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for local government elections, which have already taken place.....KINDLY READ THE FULL STORY HERE▶

In its judgment delivered on Thursday, a special panel led by Justice Onyekachi Otisi ruled that the Federal High Court lacked jurisdiction over the case. The appellate court clarified that Section 28 of the Electoral Act applies only to federal elections, governorship elections, and area council elections in the Federal Capital Territory (FCT), not state-run elections like those in Rivers State.

The Court of Appeal also criticized the lower court’s order, which had barred security agencies from carrying out their constitutional duties during the election process.

This decision comes after Justice Peter Lifu of the Federal High Court ruled that the RSIEC’s scheduling of the local government elections for October 5 violated the law. Justice Lifu had argued that RSIEC failed to adhere to the legal requirement of providing a 90-day notice before setting an election date. He also ruled that the voters’ register needed to be updated before a valid election could take place and ordered INEC not to release the Certified Voters’ Register to RSIEC until all legal requirements were met.

The appeal heard by Justice Otisi’s panel was part of several ongoing legal challenges regarding political matters in Rivers State. The panel had previously reserved its judgment on consolidated appeals contesting Justice Lifu’s ruling.

Naija News reports that the growing rift between Governor Siminalayi Fubara and Minister of the FCT, Nyesom Wike, intensified tensions surrounding the local government elections, both before and after the polls.

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