The Supreme Court has scheduled February 10, 2025, to hear two separate suits filed by the All Progressives Congress, challenging the validity of the local government elections conducted in Rivers State in 2024.
The apex court also scheduled the same date to hear five other cases bordering on the political crisis in Rivers State.
The crisis in the state erupted in October 2023 when a faction loyal to the former governor and Minister of the Federal Capital Territory, Nyesom Wike, attempted to impeach Governor Siminalayi Fubara.
In response, Fubara stormed the Assembly complex and sealed it off.
Subsequently, the lawmakers declared their defection to the APC from the Peoples Democratic Party, while Fubara dismissed their legitimacy and began engaging with a three-member Assembly instead.
The legitimacy of the three-member assembly, especially in the passage of the 2024 budget, and screening of commissioner-nominees, among others, became a legal issue heard at the Rivers State High Court, Federal High Court, up to the Court of Appeal.
The Supreme Court consolidated four appeals: Rivers State House of Assembly and others vs. Rivers State Government and nine others; Rivers State House of Assembly and others vs Rivers State Governor and nine others; Rivers State House of Assembly and others vs. RSIEC and nine others and Rivers State House of Assembly and others vs Accountant General of Rivers State and nine others, for easy hearing and judgment.
The date was determined by a five-member panel of Justices of the Supreme Court, after addressing all preliminary issues raised by the parties involved in the legal disputes.
The Rivers State Independent Electoral Commission fixed October 5, 2024, to conduct the local government election in the state.
Not satisfied with the arrangement by the electoral body and for violating the bills passed by the Martin Amaewhule-led state House of Assembly, extending the tenure of the LG chairmen in the state, the state APC took the RSIEC to court.
The faction of the APC loyal to Wike, thereafter, withdrew from the election, while the faction loyal to the former Minister of Transport, Rotimi Amaechi, participated.
The state chapter of the PDP loyal to Wike also refrained from participating in the exercise.
However, Fubara insisted the election would be held, while most of his loyalists defected to the Action People’s Party in the state to contest the election.
Justice Peter Lifu of the Federal High Court in Abuja, in the suit marked FHC/ABJ/CS/987/2024, filed by the APC, issued an order restraining the Independent National Electoral Commission from releasing the voter register to the Rivers State Independent Electoral Commission for the conduct of the local government election.
Justice Lifu also barred the Inspector General of Police and the Director General of the Department of State Security Services from participating in or providing security for any local government election in Rivers State.
Furthermore, Justice Lifu barred RSIEC and the Rivers State Attorney General from using or accepting the voter register from INEC for the elections.
The court’s decision was based on Justice Lifu’s finding that RSIEC did not follow the conditions precedent required for conducting such elections.
However, the Court of Appeal, Abuja Division, overturned the lower court’s decision, ruling that it lacked jurisdiction to issue the orders in favour of the APC.
The election was held and swept by the APP, winning 22 chairmanship seats out of the 23 in the state.
Dissatisfied with the appellate court’s judgment, the APC filed an appeal at the Supreme Court in two separate cases, marked SC/CV/1106/2024 and SC/CV/1107/2024.
The APC, represented by Joseph Daudu (SAN) and Ogwu Onoja (SAN), urged the apex court to overturn the Court of Appeal’s decision and reinstate the judgment of the Federal High Court.
Chris Uche (SAN) led the legal team for the respondents.
After hearing motions for the two appeals, the panel of Justices, led by Justice Uwani Musa Aba-Aji, directed the parties to file and exchange their respective briefs of argument before the February 10 hearing date.
The five-member panel also consolidated four appeals for easier determination.
This was granted upon the request of the appellant’s counsel, Daudu (SAN), who represented the Rivers State House of Assembly.
In addition, the court fixed February 10, 2025, for the hearing of SC/CV/1071A/2024, following the withdrawal of a cross-appeal filed on November 18, 2024, by the Rivers State House of Assembly against the National Assembly and 16 others.
