Justice Peter Lifu of the Federal High Court in Abuja has issued a temporary injunction preventing the Independent National Electoral Commission (INEC) from providing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for the upcoming local government elections in Rivers State.
The injunction was granted following a motion ex-parte filed by the All Progressives Congress (APC), represented by a team of senior legal professionals. The motion was brought under Section 13 of the Federal High Court Act, Order 26 Rules 1 and 3, Order 28 Rules 1 and 2, and the inherent jurisdiction of the court as defined in Section 6 of the 1999 Constitution.
In addition to barring INEC from transferring the voters’ register, Justice Lifu also prohibited the Rivers Electoral Commission and the Rivers State Attorney-General from receiving or using any part of the National Voters Register for the local government elections. The Inspector General of Police (IGP) and the Department of State Services (DSS) have also been restrained from providing security or participating in the elections on behalf of the Rivers State Electoral Commission.
The judge further issued an order to prevent INEC, the Rivers State Electoral Commission, the Attorney-General of Rivers State, the IGP, and the DSS from making any further moves related to the local government elections until the main suit is resolved.
These interim orders will remain in effect until the court hears the substantive case in which the APC is challenging the legality of the local government elections in Rivers State. Justice Lifu has directed the APC to provide a guarantee for damages to the defendants should the court later find that the restraining orders were granted in error.
The court has also approved substituted service of the orders and other legal documents through publication in two major national newspapers to ensure the defendants are informed.
The defendants are scheduled to appear in court on August 2 to respond to the substantive matter.
According to an affidavit filed by Tony Okocha, the acting Chairman of Rivers APC, the motion was prompted by INEC’s failure to adhere to the Electoral Act’s provisions regarding voter register management. The affidavit argues that only the register maintained by INEC should be used by the Rivers Electoral Commission for the elections, asserting that RSIEC is not authorized to manage a separate register.
Okocha further emphasized that the APC’s application aims to preserve the integrity of the case until it can be fully reviewed by the court. He also assured the court that the APC would cover any damages if the restraining orders are found to be unjustified.
The five defendants are expected to present their responses in court on August 2.
