INEC, RSIEC Taken to Court Over APP’s Participation in Rivers LG Elections, Party Victory Challenged

The Action Peoples Party (APP) is facing a legal battle as the Abuja Division of the Federal High Court has been approached to nullify its candidates’ victories in the October 5 local government elections in Rivers State. The lawsuit, filed by Juboye Abraham through his lawyer, Ukpai Ukairo, seeks to void the party’s candidacy and election results for alleged violations of constitutional and local government laws.

The suit, marked FHC/ABJ/CS/1464/2024, names the Independent National Electoral Commission (INEC), APP, and the Rivers State Independent Electoral Commission (RSIEC) as the first to third defendants. Also included are the elected local government chairpersons, who hold positions in various local councils. These individuals are listed as the fourth to 26th defendants in the case.

Mr. Abraham’s claim centers on an alleged breach of Section 225(A) of the 1999 Constitution, which he argues invalidates APP’s continued registration as a political party. He is seeking an order to compel INEC to deregister APP and prevent RSIEC from including the party on future ballots. Furthermore, he is asking the court to nullify the candidacy of all APP chairmanship winners and the votes cast for them.

During proceedings before Justice Binta Nyako, the plaintiff’s lawyer, Kalu Agu, stated that all defendants had been served, and the matter was ready for mention. Mr. Agu described the case as a pre-election matter, citing INEC’s alleged failure to meet its statutory responsibilities.

The APP’s counsel, Obed Agu, acknowledged the suit and indicated plans to respond, although no application had yet been filed. Justice Nyako adjourned the hearing to February 5, 2025, and directed that hearing notices be served on unrepresented defendants.

The October 5 elections faced controversy, with the police withdrawing security for the exercise, citing a Federal High Court order. Despite this, RSIEC chairperson Adolfus Enebeli justified the election’s conduct based on judgments from the Supreme Court and the Rivers High Court.

Notably, the elections were boycotted by the People’s Democratic Party (PDP), from which Governor Siminalayi Fubara was elected. This led Fubara’s loyalists to back APP candidates, who ultimately secured all chairmanship positions.