The Supreme Court on Friday declared as invalid, illegal, null and void, the local government election conducted in Rivers state on October 5 last year and won by the All People’s Party APP.

The apex court held that the election was invalid because all conditions precedent billed to be implemented were jettisoned by Rivers State Electoral Commission.

Specifically, Justice Jamilu Tukur who delivered the lead verdict held that the council poll was conducted in gross violations of section 150 of the Electoral Act 2022.

A Federal High Court in Abuja on Monday
September 30, 2024 stopped the Independent National Electoral Commission (INEC) from releasing voters register to the Rivers State Independent Electoral Commission (RSIEC) for the purpose of conducting the October 5, 2024 local government elections in the state.

The court had also barred the Inspector General of Police IGP and the Department of the State Service DSS from providing security.

Justice Peter Lifu issued the order against INEC, while delivering judgment in a suit brought before him by the All Progressives Congress (APC).

The suit was argued on behalf of the APC by a team of senior lawyers comprising Joseph Daudu, Sebastine Hon and Ogwu James Onoja, all SANs.

Justice Lifu held that the RSIEC was wrong in fixing the October 5 date for the conduct of the poll into the 23 local governments when all relevant laws guiding the election had not been complied with.

Among others, the Judge held that the failure of Rivers Electoral body violated provision of local governments election conduct law by not publishing the mandatory 90 days notice before fixing the date.

Justice Lifu also held that the update and revision of voter register ought to have been concluded before an election date conduct be legally and validity fixed in law.

The Judge therefore ordered INEC not to make the certified voter register available to RSIEC until the law has been fully complied with.

He also barred RSIEC from accepting any voter register from INEC or using it for the purpose of the October 5 local governments poll.

….Orders pro-Wike lawmakers to resume immediately

The Supreme Court has ordered the Central Bank of Nigeria CBN and the Accountant General of the Federation to stop further releasing financial allocations to Rivers state government with immediate effect.

The apex court directed that the order shall be in force until the Rivers State Governor, Siminalayi Fubara stops all his illegal, unlawful and unconstitutional activities.

Specifically, the court said that no money shall be released to the state government until a lawful Appropriation Law is enacted under the Martin Amaewhule Speakership.

In a judgment on Friday delivered by Justice Emmanuel Akomaye Agim, the Supreme Court also ordered the 27- members of Rivers House of Assembly to resume function immediately.

The unanimous judgment of the 5-man panel of Justices led by Justice Musa Uwani Aba-Aji dismantled all actions carried out by governor Fubara for being unlawful.

The apex court lambasted the governor for engaging in criminal activity of demolishing the House of Assembly with impunity just to prevent 27 legislators in the House of assembly from sitting to carry out lawful activities.

Justice Agim ordered the the Clerk and Deputy Clerk who were unlawfully redeployed out of the House of assembly must be allowed to resume work alongside the House of assembly workers.

The court held that it was aberration for governor Fubara to operate with only 4 out of the 32 House of assembly members under the guise of baseless fears that he would be impeached.

According to the Justices, Fubara by his unlawful act among others, collapsed the House of assembly and used his immunity under section 308 of the 1999 Constitution to carry out barbaric acts against the rule of law.

The Supreme Court affirmed the judgments of the Court of Appeal and the Federal high court, both in Abuja which had earlier declared the acts against the 27 state of House of Assembly members as unlawful and illegal.

A sum of N10million fine was imposed on Fubara to be paid to the House of assembly and the 27 members who instituted the suit against him.

The Federal High Court had held that the receipt and disbursement of monthly allocations since January last year by governor Siminalayi Fubara was a constitutional summersault and aberration that must not be allowed to continue.

Justice Joyce Abdulmalik who delivered the Federal high court judgment had last year issued an order that the presentation of the 2024 budget by Fubara before a 4-member Rivers House of Assembly was an affront to the Constitutional provision.

Specifically, the Judge had said that Fubara action in implementing unlawful budget smacked gross violations of the 1999 Constitution he swore to protect.

The judge had therefore restrainined CBN, Accountant General of the Federation, Zenith Bank and Access Bank from further allowing Fubara to access money from the Consolidated Revenue and Federation Account.

Details later.