A Rivers State High Court sitting in Port Harcourt on Monday dismissed a suit challenging the legality of the recently concluded local government elections conducted in the state.
The polls, held on August 30, were overseen by Sole Administrator Desmond Ibas, whose six-month mandate is set to expire this week.
The elections had drawn criticism from sections of the public who argued that an administrator was not constitutionally empowered to supervise such a process.
Recall that President Bola Tinubu in March declared emergency rule in Rivers State, suspending Governor Siminalayi Fubara, his deputy, and members of the State House of Assembly for six months, and appointing Ibas as sole administrator.
The suit, filed by Port Harcourt-based lawyer Williams Stanley, listed Tinubu, the Attorney-General of the Federation, the Sole Administrator, the Rivers State Independent Electoral Commission (RSIEC), and its chairman as defendants. Stanley sought to nullify the elections, contending that the appointment of the administrator and his nomination of the RSIEC chairman and members to conduct the polls were unconstitutional.
Delivering judgment, Justice Stephen Jumbo held that the court lacked jurisdiction to entertain the matter, stressing that under the Constitution, only the Supreme Court can hear such cases during emergency rule. He further ruled that Stanley lacked the locus standi to institute the action, noting that the claimant had failed to establish any personal interest or breach of civil rights.
“The interest the claimant seeks to protect is not his personal interest but that of the governor of the state, a position he is not holding,” Justice Jumbo said.
On the validity of the elections, the court affirmed that the August 30 polls were constitutional and legitimate, since they were conducted by RSIEC and not directly by the administrator or the suspended governor.
The court declined to award costs against the claimant.
