The Federal High Court has reserved judgment in the suit filed by the All Progressives Congress (APC) against the Independent National Electoral Commission (INEC) regarding the conduct of the local government election in Rivers State.
The trial judge, Justice Peter Lifu, reserved judgment to a date that will be communicated to the parties after counsel for all sides adopted their written addresses for and against the suit.
During the proceedings on Thursday, the court heard all pending preliminary applications, including those seeking joinder brought by the Social Democratic Party (SDP) and the Boot Party (BP), as well as the substantive suit.
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The court also heard motions filed by Chief Goddy Uche, SAN, for a change of counsel and another seeking the discontinuance of the suit on behalf of the Rivers State chapter of the APC.
Uche filed and argued an application for a change of counsel dated August 28, as well as a motion for the discontinuance of the suit signed by Chief Emeka Beke, Chairman of the APC Rivers State, and Sam Sam Etetegwung, APC Secretary, Rivers State, respectively.
While Joseph Daudu, SAN, moved the court to grant the reliefs sought by the plaintiff, Taiwo Taiwo, SAN, for the Attorney General of Rivers State, and Femi Falana, SAN, representing the Rivers State Independent Electoral Commission (RSIEC), both challenged the jurisdiction of the court to hear the case.
The respondents’ counsel also challenged the competence of the suit, arguing that it was statute-barred.
In addition, regarding jurisdiction, the respondents’ counsel argued that the appropriate court with jurisdiction to hear the case is the Rivers State division of the Federal High Court.
They also argued that the court, sitting as a vacation court, lacked the jurisdiction to hear the case without obtaining the consent of both parties.
Counsel for the plaintiff argued that the conditions precedent for the conduct of the local government election in Rivers State had not been met by RSIEC.
The plaintiff had approached the court with an application for a change of counsel dated August 28, as well as a notice of discontinuance signed by Chief Emeka Beke, Chairman of the APC Rivers State, and Sam Sam Etetegwung, Secretary of the APC Rivers State, respectively.
In an originating summons marked FHC/ABJ/CS/987/2024, the party is seeking a declaration that INEC is bound to manage the updating and revising of the register in such a manner as to ensure that the process stops no later than 90 days before the council poll.
