The Rivers State High Court in Port Harcourt has struck out a suit challenging the conduct of the August 30 local government elections in the state and the roles played by President Bola Tinubu, the Attorney General of the Federation, and others in the process.
The suit was filed by Williams Abayomi Stanley, a Port Harcourt-based lawyer, who contested the legality of the President’s appointment of a Sole Administrator, Ibok-Ete Ibas, and the subsequent nomination of the Rivers State Independent Electoral Commission (RSIEC) chairman and members who oversaw the election.
In his ruling, Justice Stephen Jumbo held that the court lacked jurisdiction to hear the case, citing constitutional limitations. He noted that only the Supreme Court has the exclusive jurisdiction to hear such matters during emergency rule.
The court also ruled that the claimant lacked the locus standi to initiate the suit. Justice Jumbo stated that Stanley failed to demonstrate any personal legal interest, injury, or civil right that had been breached by the defendants’ actions. According to the judge, the interest Stanley sought to protect appeared to be that of the Rivers State Governor, a position he does not hold.
“The claimant did not prove any injury, threat of injury, or hardship he would suffer if the suit wasn’t heard. His interest is not personal but appears to be that of the state governor,” the judge ruled.
Justice Jumbo further affirmed the legitimacy and constitutionality of the August 30 local government elections, stating that they were duly conducted by RSIEC, not by the governor or the Sole Administrator.
The court declined to award costs against the claimant.
READ ALSO: Rivers APC defends strategy in council polls, urges Wike to join party
Reactions from counsel
Speaking outside the courtroom, Godsent Elewa, counsel to the claimant, indicated his intention to advise his client to appeal the ruling.
“The judge said my client lacked the locus standi and that only the Rivers State Governor has that power. On jurisdiction, the court cited the Emergency Powers Act of 1961 and said only the Supreme Court can determine such issues. However, there are aspects of this ruling I don’t agree with,” Elewa stated.
He also clarified that the court’s comments on the conduct of the local government election were obiter dicta — remarks made in passing — and not part of the binding judgement.
On the other hand, Monday John Otokwala, counsel to the Peoples Democratic Party (PDP), which was the fifth defendant, praised the ruling, stating it reflected the correct position of the law.
“The judgement represents the position of the law with respect to the conduct of the local government elections in Rivers State,” he said.
The court’s decision marks a major legal victory for the federal and state officials involved in the Rivers LG election process, but the matter may return to court if the claimant decides to proceed with an appeal.
