A Rivers state high court in Port Harcourt has dismissed an ex parte application seeking to halt the conduct of the LGA election slated for August 30.
In a ruling on Thursday, Stephen Jumbo, the presiding judge, held that the application filed by Williams Abayomi-Stanley, a Port Harcourt-based lawyer, “lacked merit”.
The suit listed President Bola Tinubu, the attorney-general of the federation, the Rivers State Independent Electoral Commission (RSIEC) and its chairman as defendants.
While striking out the motion, the judge granted another ex parte application for substituted service on the defendants. He adjourned the matter to September 10 for a hearing on the substantive suit.
Speaking with journalists after the proceedings, Godsent Elewa, counsel to the claimant, said his client was in court to seek an interpretation of the RSIEC law and the constitution on the president’s powers to appoint the chairman and members of the commission.
“My client, Williams Abayomi-Stanley, is a constitutional lawyer and an indigene of Rivers state from Emuoha LGA. The applicant basically is in court to seek the interpretations of some sections, particularly section 2 sub 1 and section 3 sub 1 of the Rivers State Independent Electoral Commission Law number 12, 2018 and sections 197, 198 and 200 of the Constitution of the Federal Republic of Nigeria, 1999 as altered,” Elewa said.
He explained that though the court rejected one of his motions, it granted the second prayer.
“We have two motions ex parte, the first was the motion ex parte for an interim injunction to restrain the conduct of the August 30 local government elections. Unfortunately, the court dismissed that motion as it lacked merit and adjourned to the 10th of September for all the parties to be served with our substantive processes and for us to argue the main application.
“The second order was an order for substituted service to be effected on the first and the second defendants, which are President Bola Tinubu and the attorney-general of the federation. So these were the two orders the court granted today,” he added.
BACKGROUND
In February, the supreme court nullified the LG election conducted in Rivers on October 5, 2024, during the administration of Siminalayi Fubara.
The apex court held that there was no evidence to show that the conditions set out in section 150(3) of the Electoral Act were met before the RSIEC conducted the polls.
In March, President Bola Tinubu suspended Fubara, his deputy, and the legislative arm for six months over an alleged political crisis in the state.
The president then appointed Ibok-Ete Ibas as the sole administrator with a term limit of six months.
In July, the RSIEC scheduled August 30 for the LG polls in the south-south state.
In a ruling on Thursday, Stephen Jumbo, the presiding judge, held that the application filed by Williams Abayomi-Stanley, a Port Harcourt-based lawyer, “lacked merit”.
The suit listed President Bola Tinubu, the attorney-general of the federation, the Rivers State Independent Electoral Commission (RSIEC) and its chairman as defendants.
While striking out the motion, the judge granted another ex parte application for substituted service on the defendants. He adjourned the matter to September 10 for a hearing on the substantive suit.
Speaking with journalists after the proceedings, Godsent Elewa, counsel to the claimant, said his client was in court to seek an interpretation of the RSIEC law and the constitution on the president’s powers to appoint the chairman and members of the commission.
“My client, Williams Abayomi-Stanley, is a constitutional lawyer and an indigene of Rivers state from Emuoha LGA. The applicant basically is in court to seek the interpretations of some sections, particularly section 2 sub 1 and section 3 sub 1 of the Rivers State Independent Electoral Commission Law number 12, 2018 and sections 197, 198 and 200 of the Constitution of the Federal Republic of Nigeria, 1999 as altered,” Elewa said.
He explained that though the court rejected one of his motions, it granted the second prayer.
“We have two motions ex parte, the first was the motion ex parte for an interim injunction to restrain the conduct of the August 30 local government elections. Unfortunately, the court dismissed that motion as it lacked merit and adjourned to the 10th of September for all the parties to be served with our substantive processes and for us to argue the main application.
“The second order was an order for substituted service to be effected on the first and the second defendants, which are President Bola Tinubu and the attorney-general of the federation. So these were the two orders the court granted today,” he added.
BACKGROUND
In February, the supreme court nullified the LG election conducted in Rivers on October 5, 2024, during the administration of Siminalayi Fubara.
The apex court held that there was no evidence to show that the conditions set out in section 150(3) of the Electoral Act were met before the RSIEC conducted the polls.
In March, President Bola Tinubu suspended Fubara, his deputy, and the legislative arm for six months over an alleged political crisis in the state.
The president then appointed Ibok-Ete Ibas as the sole administrator with a term limit of six months.
In July, the RSIEC scheduled August 30 for the LG polls in the south-south state.