- Appellate Court Rules Federal High Court Lacked Jurisdiction Over Case
- Electoral Act Not Applicable to Local Government Elections, Says Court
The Court of Appeal in Abuja has upheld the Rivers State Local Government elections conducted under the administration of Governor Siminalayi Fubara, reversing an earlier Federal High Court ruling that nullified the process.
The appellate court delivered its judgment on Thursday, declaring that the Federal High Court lacked the jurisdiction to entertain the case brought forward by the All Progressives Congress (APC), which had contested the election’s validity on grounds of alleged breaches of the Electoral Act.
The Rivers State Independent Electoral Commission (RSIEC) had earlier declared the Action Peoples Party (APP) the winner in 22 of the 23 local government areas where the elections were held. The results for Etche Local Government Area and 319 councillorship positions are still pending final collation, according to RSIEC Chairman Justice Adolphus Enebeli (retd).
Justice Enebeli stated that the election was conducted across 6,866 units in Rivers State, with 18 political parties participating in the exercise.
The APC, dissatisfied with the results, approached the Federal High Court to nullify the elections. While the lower court ruled in favor of the APC, the Court of Appeal overturned the decision, affirming that the Electoral Act does not govern local government elections and, therefore, could not be applied in this case.
The appellate court emphasized that local government elections fall under the jurisdiction of state electoral laws, not the Federal Electoral Act, solidifying the legitimacy of the RSIEC-conducted polls.
This ruling paves the way for the APP to maintain its declared victories in the majority of the local government areas, reinforcing the mandate issued during the elections.
