Wike vs Fubara: appeal court turndown federal high court ruling on river state local government election.

By Divine Sam

The Court of Appeal in Abuja has overturned a Federal High Court ruling that had prohibited the Independent National Electoral Commission (INEC) from providing the voters’ register to the Rivers State Independent Electoral Commission (RSIEC) for the local government elections. The Federal High Court had previously ruled that RSIEC breached legal provisions by not issuing the required 90-day notice before scheduling the election and instructed INEC to withhold the voters’ register until all legal requirements were met.

In its judgment, the Court of Appeal, led by Justice Onyekachi Otisi, ruled that the Federal High Court lacked jurisdiction over the matter, as Section 28 of the Electoral Act applies only to federal elections, governorship elections, and area council elections in the Federal Capital Territory, and not to state-level local government elections. The appellate court also criticized the Federal High Court’s directive, which had prevented security agencies from performing their constitutional duties during the election process.

This decision came amid heightened political tensions between Governor Siminalayi Fubara and Minister Nyesom Wike, which added further complexity to the controversy surrounding the local government elections in Rivers State.