APC to Boycott Rivers Council Polls

Ernest Chinwo in Port Harcourt

The All Progressives Congress (APC) in Rivers State has said it will boycott the state’s local government council elections fixed for June 16.

The Rivers State Independent Electoral Commission (RSIEC) had on Tuesday announced Saturday, June 16 as date for local government elections.

The Chairman/Chief Electoral Commissioner of the Commission, Justice Chukwuneye Uriri (rtd), said the release of the election timetable was in line with the power conferred on him as enshrined in the Rivers State Independent Electoral Law No. 2 of 2018.

But addressing a press conference wednesday, the state Chairman of the APC, Dr. Davis Ikanya, said there was no vacuum in the councils as the council officers elected in the 2015 council polls were still subsisting since there matter was still in court.

He described as contempt and sacrilegious the move by RSIEC to conduct elections with the matters still pending in court.

Ikanya said: “It is very shocking for the Chairman and Chief Electoral Commissioner of RSIEC, Justice Uriri, to express worries that for some time now, there has not been a local government election in the state, adding that the law abhors vacuum.

“For the records there is no vacuum in the leadership of our local government areas since the term of office of the elected LGA chairman and councillors has not expired and the matter is a subject of litigation before the courts in Nigeria. Justice Uriri, who served as a judge of the High Court of Rivers State should have known better that there is no vacuum and accordingly advise the state Governor, Chief Nyesom Wike.”

He said the issue about the leadership of the councils is a matter before the courts of the land and for a retired judge to claim that there is vacuum is not only unprofessional but smacks of bias and “this calls to question his independence to head such a hallowed institution as RISIEC.

“For the records, Justice Uriri and RSIEC should note the case of the leadership of the LGAs is a subject of litigation before the Federal High Court (FHC), Court of Appeal (CA) and the Supreme Court (SC) in Suit No: PHC/PH/CS/84/2015, Appeal No: CA/PH/338/2016 and Appeal No: SC/536/2016 respectively and that until the cases are decided by the courts any action by RSIEC and the Rivers State Government on the subject matter is an affront to the rule of law and that the APC will not partake in this illegality,” he declared.

kanya gave a rundown of the issues before the courts and wondered why the RSIEC chairman, who is a retired judge, would proceed to fix a date for elections knowing that there were issues pending in court.

“It is very shocking to see that RSIEC headed by a retired judge of the High Court will join Governor Wike to perpetrate illegality by attempting to destroy the res which is the subject matter of Appeal No: CA/PH/131/2015 before the CA.

“The conduct of Governor Wike, PDP and RSIEC is not only wrong but also aimed at bringing disrespect or scorn to the authority of the CA and also intended to interfere with and/or prejudice the case of the APC and the 23 LGA chairmen as it is before the court as well as to ambush and render any likely decision in favour of the 23 LGA chairmen ineffective and nugatory.”

Finally, the constitutionality of the RSIEC Law 2018 is a subject of litigation before the Federal High Court between APC v. INEC & Ors. in Suit No: FHC/PH/CS/13/2018 and 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 sub judice, 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,” he posited.

He declared: “As a law abiding party, the APC and the 23 LGA Chairmen will approach the Court of Appeal with these facts and ensure that the Wike and the PDP are not allowed to benefit for their brazen impunity and lawlessness.”
When contacted for his reaction, the state Attorney General and Commissioner for Justice, Hon. Emmanuel Aguma (SAN), said he was attending the State Executive Council meeting and would send his reaction after the meeting.