The Federal High Court in Abuja has reserved judgment in the suit filed by the All Progressives Congress, APC, against the Independent National Electoral Commission, INEC, over the conduct of local government election in Rivers State.
Justice Peter Lifu said that a date for the judgment would be communicated to parties to the suit after counsel adopted their various legal positions for and against the suit.
During proceedings on Thursday, the court listened to 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.
The court equally heard motions filed by Chief Goddy Uche, SAN, for 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 change of counsel dated August 28 as well as a motion for the discontinuance of the suit signed by Chief Emeka Beke, Chairman APC Rivers State, and Sam Sam Etetegwung, Secretary APC Rivers State, respectively.
While Joseph Daudu, SAN, leading six Senior Advocates of Nigeria including Dr James Ogwu Onoja, 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, all challenged the jurisdiction of the court to entertain the case.
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The respondents counsel equally challenged the competence of the suit on the ground that it was statute barred.
In addition, on the issue of jurisdiction, the respondents’ counsel argued that the proper court with jurisdiction to entertain the case is the Rivers State division of the Federal High Court.
It was equally their argument that the court sitting as a vacation court lacks the jurisdiction to hear the case without obtaining the consent of both parties.
Substantially, the plaintiff counsel argued that the condition precedent for conduct of local government election in Rivers State have not been met by RSIEC.
The plaintiff had approached the court with an application for change of counsel dated August 28, as well as a notice of discontinuance signed by Chief Emeka Beke, Chairman APC Rivers State, and Sam Sam Etetegwung, Secretary, APC Rivers State respectively.
The party, in an originating summons marked FHC/ABJ/CS/987/2024 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 not later than 90 days before the council poll.
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