Jubilation took over most official and political circles in Port Harcourt and beyond late afternoon when news came the Federal Appeal Court in Abuja had struck down the judgment of Peter Lifu of the Federal High Court against the conduct of local council elections.
By the decision of the appeal court, the 23 local council elections stand valid, and the federal allocation to Rivers State and the LGAs stand.
The appeal court nullified the judgment of the Federal High Court concerning the Rivers State local government elections and ruled that the Federal High Court lacked the jurisdiction to entertain the suit filed by the All Progressives Congress (a faction of APC), which was the first respondent in the case.
Consequently, all orders and decisions made by the Federal High Court regarding the matter were set aside.
This decision reaffirmed the validity of the Rivers State local government election on October 6, 2024, and overturned the earlier judgment sought to challenge it and to set aside the election.
The three-member panel of justices led by Onyekachi Otisi had reserved judgment in the appeals. The Special Court of Appeal Panel had been set up to adjudicate on the political cases in Rivers State. It reserved judgment in the consolidated appeals contesting Lifu’s judgment.
The three-member panel of justices was led by Otisi announced that judgment in the appeals would be reserved after counsel to parties in the appeals adopted their briefs and final processes for and against the appeals.
Reacting, the Rivers State government, through Joe Johnson, the Commissioner for Information and Communications, said the judgment has rescued part of the loss of confidence on the judiciary. He admitted in a telephone interview that it has created happy mood in government.
He said workers and contractors are now confident that the finances of government would be available to run the state. “This shows that the governor made right decisions, and we expect more favourable court decisions. I repeat the call by the governor on October 30, 2024, at the state thanksgiving service, that workers and contractors should continue their work without being perturbed. Now, it has been confirmed. No cause for alarm because we are standing on the side of the law and God.”
A source in government law department said the Federal High Court lacked subject matter jurisdiction to have entertained the case. “Lower court had no power to stop institutions from performing their constitutional duties or to strike down sections of the Rivers State law.”
On his own, Ezebunwo Ichemati, chairman of the Port Harcourt Local Council (Mayor of Port Harcourt), agreed that the federal high court had no jurisdiction over state institutions.
He added that: “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.”
On jubilations, the Mayor said: “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. This judgment serves as a powerful 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.”
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Reacting also, Sunny Nwokekoro, chairman of Action Peoples Party (APP that the chairman contested under) said the party is very elated.
“We are also happy that the appeal court judgment is timely. It came at the time when people were beginning to lose hope in the judiciary. Now, people can resume hope that good things can still come out from the Nigerian judiciary. It is victory for all. Everybody is a winner. Democracy has won. Let the council chairmen and their councilors know that they have a responsibility to deliver the dividends of democracy to the grassroots.”
A strong legal voice in the region, Sogbeyi Eli, legal practitioner and former chairman, Degema LGA, said Daniel has come to judgment.
He said those who took the case to Abuja never considered the interest of Rivers State. “They raised their partisan interests alone far above that of the state, regardless of what was to be the fate of Rivers State. They did not care whether or not the state could hold LGA election like other states by the Supreme Court’s order delivered in July 2024.
“In the case of Rivers State, the same political buccaneers who had held down the state for so long seeking to truncket the elections. Lifu gave harsh orders stopping security to protect security despite the order of the governor.
“This judgment has redirected the course of law in Rivers State. It is a clear statement that the Rule of Law still real and above all the machinations of powerful men and their allies in the judiciary.”
APC faction reacts:
The faction of the APC that was recognized by the court has welcomed the judgment. In a statement by Darlington Nwauju, the party said: “Recall that we had strongly condemned the unpatriotic moves initiated by Tony Okocha (leader of the NWC-backed faction) and his co-travellers (more especially using our party platform as smokescreen), 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.
“While Rivers APC hails this judgment order which has clearly corrected the misrepresentation of the Constitution by Justice Peter Lifu’s judgment 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 saddled 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.
“Therefore, our stand on this issue and resistance of other convoluted attempts at suppressing truth in our state’s politics, is today justified.”
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