A’Court Nullifies Judgement Against Rivers LG Election

A’Court Nullifies Judgement Against Rivers LG Election

Omiete Joseph

An Appeal Court in Abuja on Thursday, struck down the Justice Peter Lifu’s Federal High Court in Abuja judgement against the Rivers State Local Governments election.

The three man panel led by Justice Onyekachi Otisi ruled that the federal high court lacked the jurisdiction to entertain the suit filed by the All Progressives Congress (APC), which was the first respondent in the case.

Consequently, all orders and decisions made by the Federal High Court regarding the matter as it affects the LG election in the state was set aside.

Reacting, Rivers State government described the Appeal Court judgement nullifying the ruling of Justice Lifu judgement as a pointer to more wins for Rivers people.

The State Commissioner for Information and Communication, Joe Johnson who spoke on the development yesterday, said the judgement has confirmed that the governor, Siminalayi Fubara has always made right decisions.

Johnson said “We expected it, we knew that the court of appeal will do justice to that setback that the federal high court tried to manipulate. But I am happy that it has confirmed that the governor makes right decisions. This one is just a pointer to the many more wins that will come.

“I am believing God that in the affairs of Rivers State, all the matters that is before the jurists will get reasonable judgement and it will be favourable to all Rivers people.”

He said “the court of Appeal in its wisdom has given a sound judgement, and that judgement I want to believe will be an opener to all the other cases that are hanging”, stressing that “we are standing on the side of the law. Once you are in the side of the law and the side of God, victory continues”.

Also reacting, the State Chairman of the Association of Local Governments of Nigeria (ALGON), Ezebunwo Ichemati said the appeal court judgement has reaffirmed the peoples trust in the justice system.

Ichemati who is the Mayor of Port Harcourt, said despite meeting all the necessary conditions to conduct the election, Justice Lifu delivered a judgement disqualifying a polls to allegedly satisfied appellant (APC) expectation.

“In today’s landmark decision, the appellate court has once again exonerated us in a legal battle where we had argued that the justice Peter Lifu of the federal high court lacked the jurisdiction to entertain the matter.

“It is clear that the conduct of the Rivers state local government election is guided by the Rivers State Independent Electoral Commission (RSIEC ) law and these laws dictate the procedures and requirements for the commission to carry out its mandate effectively, and I believe that RISEIC complied with these laws and did not err in their duties

“However, the crux of the matter has always been that Justice Lifu lacked the jurisdiction to adjudicate on that matter, as only the State High Court has the authority to preside over issues concerning the state electoral commission’s operations and decisions.”

Ichemati continued that “The Tony Okocha-led APC, in their quest to halt the electoral process, approached the court under the guise of challenging the commission’s legitimacy in conducting the elections.

“Despite meeting all the necessary conditions to conduct the election, Justice Lifu still went ahead to commit the legal rascality to deny the Rivers people effective leadership at the grassroots to satisfy the APC’s waning popularity and fear of electoral defeat.

To tell you how unpopular that judgment by Justice Lifu, which seemingly relied on sentiment rather than legal merit, was, it raised eyebrows within and outside the legal community as it was clear that the court lacked jurisdiction over the matter, yet the ruling was delivered in favor of the APC’s petition.

The truth is, we cannot help but feel elated by the appellate court’s decision. It not only reaffirms our belief in the justice system but also highlights the importance of upholding the rule of law.”

He said the judgment serves as a reminder that no one is above the law, and those entrusted with interpreting it must do so impartially and in accordance with established legal principles.

“I believe that the judicial system plays a crucial role in upholding justice and ensuring the smooth functioning of a democratic society. When courts deliver judgments based on sentiments rather than legal precedents, it undermines the integrity of the entire legal system.

In conclusion, for me as a person and the chairman of ALGON, Rivers State, the judgment of the appellate court in the case involving the Rivers State Independent Electoral Commission is a significant victory for justice and the rule of law”, Ichemati added

Meanwhile, the APC leadership in the state led by Emeka Beke, has lauded the Appeal Court for setting aside the judgement of Justice Lifu on the Rivers LG elections.

The factional spokesperson of the party, Darlington Nwauju in a statement yesterday, welcomed the judgement delivered by a three man panel led by Justice Onyekachi Otisi

Nwauju observed that the judgment of Justice Lifu would have impaired the already conducted council polls in Kwara, Anambra, Imo, Akwa Ibom, Delta, Abia, Cross Rivers, Kano and other states of the federation who relied on their enabling SIEC laws in the conduct of those elections.

The APC spokesperson recalled that “we had strongly condemned the unpatriotic moves initiated by Mr Tony Okocha and his co-travellers, to target and punish local government workers, state civil servants and indeed Rivers people by attempting to use the courts to deny the state her rights to federal allocations”.

He said “Rivers APC hails this judgement order which has clearly corrected the misrepresentation of the Constitution by Justice Peter Lifu’s judgement which sought to impose INEC laws over State Electoral Bodies without any form of Constitutional amendment.

No gainsaying the fact that the same Constitution that established INEC also gives legal backing to SIECs, hence both bodies are saddles with the responsibility of conducting elections at the appropriate tiers and there is no way INEC can seek to hijack the functions of the various SIECs except there is a Constitutional amendment.”

He said “our stand on this issue and resistance of other convoluted attempts at suppressing truth in our state’s politics, is today justified”.