The All Progressives Congress (APC) in Rivers State says it will not
participate in the Local Government Councils Elections scheduled to hold
on June 16, 2018 over alleged illegality of the Rivers State
Independent Electoral Commission’s (RSIEC).
The Chairman of APC in Rivers, Chief Davies Ikanya, made the assertion at a news conference on Wednesday in Port Harcourt. The RSIEC Chairman, Justice C. I. Uriri,
had on March 13, informed stakeholders at a meeting that the commission
would conduct councils elections because it was worried over the
vacancies.
Ikanya said that it was shocking for the RSIEC chairman to express
worries that there had not been local government elections in the state
on the grounds that the law abhours vacuum. He said there was no vacuum
in the leadership of the local government councils since the term of
office of the elected chairmen and councillors had not expired and was a
subject of litigation before the courts.
“Uriri, who served as a Judge of the High Court of Rivers should
have known better that there is no vacuum and advise the state
government to stop putting Rivers in the news for bad reasons. The local
government leadership case is a subject of litigation before the
Federal High Court, Court of Appeal and the Supreme Court in Suit No:
PHC/PH/CS/84/2015, Appeal Nos: CA/PH/338/2016 and SC/536/2016
respectively,’’ he said.
According to Ikanya, until the cases are decided by the courts, any
action by RSIEC and the Rivers Government on the subject matter is an
affront to the rule of law. “Based on this, the APC will not partake
in the contempt and sacrilege of Gov. Nyesom Wike and RSIEC over the
local government elections in the state slated for June 16 because it’s
an illegality,’’ he added.
The Rivers APC chairman said the RSIEC in 2015 issued a notice in
accordance with the RSIEC Law to the public and called on political
parties wishing to sponsor candidates to present their candidates. He
said the Rivers electoral umpire successfully conducted the Local
Government Council elections in the state on Dec. 23, 2015.
“The Peoples Democratic Party (PDP) took an action by way of
originating summons against INEC, RSIEC, Governor of Rivers,
Inspector-General of Police and the State Security Service before the
Federal High Court presided over by Justice Lambo Akanbi. The PDP also
filed alongside the originating summons, a motion on notice on Dec. 27,
2015 for an order of mandatory injunction setting aside the LGA
elections conducted by INEC and RSIEC. Justice Akanbi delivered a ruling
on July 9, 2015 in favour of the PDP and the elected chairmen of the 22
LGAs filed an application before the Court of Appeal for leave to
appeal as interested parties. The leave was granted o June 20, 2016,’’ he said.
Ikanya said the APC and the 23 LGA chairmen had earlier approached
the Federal High Court to challenge their dissolution by Gov. Wike. He
said they also sought to be joined in the matter in a motion on notice
filed on their behalf on April 22, 2015 in Suit No: PHC/PH/CS/84/2015 as
necessary parties.
“This is to enable them file and serve their counter affidavit in
opposition to the motion seeking to nullify that election. The motion
also prayed for the trial court to stay its ruling to enable them file a
counter affidavit in opposition to the motion seeking to nullify their
elections. Justice Akanbi, formerly of the Port Harcourt Division of the
Federal High Court, refused to fix it for hearing and did not even
issue hearing notice to the 22 LGA chairmen. Dissatisfied by the
decision of the lower court, the 22 LG chairmen appealed to the Court of
Appeal where the Rivers governor filed an application for a stay of
ruling on the matter,’’ Ikanya said.
The APC chairman said the Court of Appeal, however, ruled against Wike and PDP prompting their move to the Supreme Court “Delivering
its ruling, the Supreme Court struck out the matter, dismissing the
entire prayer of Wike and Rivers PDP. The apex court ordered the Appeal
Court to admit the elected 23 LG chairmen as parties, so the Court of
Appeal is expected to proceed with the matter and deliver judgment,’’ he
said. Ikanya also said the constitutionality of the RSIEC Law 2018 was
a subject of litigation before the Federal High Court between APC and
INEC & Ors. in Suit No: FHC/PH/CS/13/2018.
“It is just but laughable that RSIEC as currently empanelled is
engaging in a wild goose chase of conducting an election which RSIEC as a
party is aware that the matter is subjudice. That is, the case is
actively before the courts and, the belief is that, any words or acts
that are likely to influence the case could invite prosecution for
contempt of court. The APC and the 22 LG chairmen will approach the
Court of Appeal with these facts and ensure that Wike and the PDP are
not allowed to benefit from their brazen impunity and lawlessness,’’ the chairman said.
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