Court bars INEC from releasing voters register for Rivers local government election

Justice Peter Lifu of the Federal High Court in Abuja has issued an order preventing the Independent National Electoral Commission (INEC) from providing the voter register to the Rivers State Independent Electoral Commission (RSIEC) for the upcoming local government elections.

The interim injunction was delivered following a motion ex-parte by the All Progressives Congress (APC). The APC’s legal team filed the motion under Section 13 of the Federal High Court Act, and various rules and inherent jurisdiction provisions of the 1999 Constitution.

Justice Lifu’s ruling also restricts the Rivers Electoral Commission and the Rivers Attorney-General from receiving or using any part of the National Voter Register from INEC for the local elections. Additionally, the Inspector General of Police and the Department of State Service (DSS) are restrained from participating in or providing security for the local elections in Rivers State.

The judge further mandated all involved parties to maintain the status quo ante bellum, prohibiting any actions that would advance the conduct of the local elections until the substantive suit is resolved. The interim orders will remain effective pending the determination of the APC’s challenge regarding the election’s propriety.

The APC has been directed to compensate the defendants if the court later finds the suit to be frivolous. Justice Lifu also approved substituted service of the court orders and processes through publication in two national newspapers to ensure the defendants are informed.

A hearing for the substantive matter is scheduled for August 2, with all defendants required to appear in court. In a supporting affidavit, Tony Okocha, acting Chairman of Rivers APC, argued that INEC failed to comply with the Electoral Act regarding the management of the voter register intended for use by the Rivers electoral body. He emphasized that only the voter register compiled and maintained by INEC can be used for local government polls.

Okocha further stated that the APC’s legal action aims to preserve the main case by preventing any tampering with the voter register. He also confirmed that the APC is committed to paying damages if the restraining order is deemed unwarranted.

The defendants are scheduled to present their responses in court on August 2.