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Appeal Court Overturns Contentious Judgment on Rivers State LG Elections

Esther

The Court of Appeal in Abuja has overturned a contentious judgment by the Federal High Court concerning the Rivers State local government elections.


This decision marks a pivotal moment in the ongoing discourse about judicial jurisdiction and electoral integrity in Nigeria.


The appellate court's ruling came after the Federal High Court had previously barred the Independent National Electoral Commission (INEC) from providing the voters' register to the Rivers State Independent Electoral Commission (RSIEC).


The lower court's decision was based on allegations that RSIEC failed to issue the mandatory 90-day notice before announcing the election date, thus violating local government election laws.


However, Justice Onyekachi Otisi, leading the appellate panel, emphasized that the Federal High Court "lacked jurisdiction to hear the case," as Section 28 of the Electoral Act is applicable only to federal, governorship, and area council elections within the Federal Capital Territory, not state-level elections.


This clarification shows the importance of adhering to jurisdictional boundaries in electoral matters.


The appellate court also criticized the lower court for overstepping its bounds by directing security agencies to refrain from performing their constitutional duties.




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