From From Godwin Tsa, Abuja
The Abuja division of the Federal High court has 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 forthcoming local government elections in the state.
Justice Peter Lifu issued an order of interim injunction against INEC while delivering ruling in a motion ex-parte marked FHC/ABJ/CS/987/2024 brought before him by the All Progressives Congress (APC).
The motion ex-parte was filed on behalf of APC legal team of Joseph Daudu (SAN) Sebastine Hon (SAN) and Ogwu James Onoja (SAN).
The motion was brought pursuant to Section 13 of the Federal High Court Act, Order 26 Rules 1 and 3, order 28 rules 1 and 2, and under the inherent jurisdiction of the court as enshrined in Section 6 of the 1999 Constitution.
The judge also ordered the Rivers Electoral Commission and Rivers Attorney-General from receiving from INEC or using part of the National Voter’s Register relating to Rivers State to conduct local government elections in the state.
Justice Lifu further restrained the Inspector General of Police (IGP) and the Department of State Service (DSS) from participating or providing security protection for Rivers State Electoral Commission to conduct local government elections in the state.
Also, the judge issued another order barring INEC, Rivers State Electoral Commission, AG Rivers State, IGP and DSS to maintain status quo ante bellum and not to do any act or take any further steps in furtherance of the conduct of local government elections in Rivers State.
The interim orders are to remain in force pending the determination of the substantive suit in which the APC is challenging the propriety of the conduct of elections in Rivers local governments.
In granting the interim restraining orders, Justice Lifu directed the APC to undertake to pay damages to the five defendants in case its suit was found to be frivolous and that the restraining orders ought not to have been granted in the first instance.
Justice Lifu also granted substituted service of the orders and other court processes on the five defendants through publications in two major national dailies before the adjourned date to attract the attention of the defendants.
Meanwhile the Judge fixed August 2, for all the defendants to appear before him to hear the substantive matter.
In a 13-paragraph affidavit deposed to by one Tony Okocha, the acting Chairman of Rivers APC, he averred that originating summons were taken out against the defendants due to failure of INEC to comply strictly with the provisions of the Electoral Act in respect of the management of the register of voters which it intends to release to Rivers electoral body for local government elections in breach and violation of the provisions of the 1999 Constitution and the Electoral Act.
The deponent averred that it is only the voter register compiled, maintained, updated and kept in the custody of INEC that Rivers Electoral Commission can obtain and use to conduct local government polls as Rivers SIEC is not entitled to compile, maintain, update and keep in its custody any separate voters register.
The APC acting Chairman, further stated that its originating summons and motion on notice are pending before the court for hearing and that it has become necessary to take proactive steps to preserve the substance of the case by restraining the defendants from tampering with or dissipating the main case pending the hearing and determination of the motion.
He also averred that APC in Rivers State brought the instant application in the interest of justice for the maintenance of status quo ante bellum and preservation of the main matter.
Besides, the deponent undertook to pay damages as may be directed by the court in case the application for the interim restraining order turns out to be unwarranted and frivolous.
Meanwhile, all the five defendants have been directed to appear in court on August 2 to present their own respective responses.
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