A Rivers State High Court sitting in Port Harcourt, has struck out a suit filed by Port Harcourt-based legal practitioner, Williams Abayomi Stanley, against President Bola Tinubu, the Attorney General of the Federation, the Sole Administrator, Ibok-Ete Ibas, the Rivers State Independent Electoral Commission, RSIEC, and its Chairman, over the conduct of the recent Local government council election in the state.
Stanley had challenged the legality of President Tinubu’s appointment of a State Sole Administrator, who in turn nominated the Chairman and members of RSIEC to conduct the August 30 local government council election.
Presiding Judge, Justice Stephen Jumbo, in his ruling on the issue of locus standi of the claimant and the jurisdiction of the court, held that the court lacked jurisdiction to entertain the suit.
He explained that under the constitution, only the Supreme Court has exclusive jurisdiction to hear such suits during an emergency rule.
Justice Jumbo also ruled that the claimant lacked locus standi to institute the suit against the defendants, stating that he failed to show a personal interest beyond public interest, or any civil rights and obligations violated by the defendants’ actions.
The judge further held that the claimant did not provide sufficient proof of injury, threat of injury, or hardship he would suffer if the issues in his originating summons were not addressed.
He added that the interest the claimant sought to protect was not his personal interest, but that of the state governor, a position he does not occupy.
On the conduct of the August 30 local government election, Justice Jumbo declared that the exercise was constitutional and legitimate, noting that it was conducted by RSIEC and not by the governor or the sole administrator.
DAILY POST reports that after ruling on the issues of locus standi and jurisdiction in favour of the defendants, the judge did not award any costs against the claimant.
Speaking to newsmen outside the courtroom, counsel to the claimant, Godsent Elewa, disclosed some of the grounds on which he would encourage his client to appeal the ruling of the High Court.
“I think the judge in his wisdom has given judgement. I think I will consult with my client to know the next line of action to take.
“I think there’s a window to challenge the ruling. You understand me. Because, in as much as I respect the judge so much, I think there are certain aspects of this judgement I don’t agree with the judge.
“The judgement today, basically the judgement resolved two issues today which were in jurisdiction.
“Firstly, the judge said my client lacked the locus standi, that the only person who can institute or challenge the appointment of chairman and members of RSIEC, that, that power lies, the locus standi lies only with the Executive Governor of Rivers State.
“That was the first issue of locus standi my Lord decided. Then on substantives jurisdiction, My Lord also held that he lacks the substantive jurisdiction by virtue of Section 1 (1) of the Emergency Powers Act of 1961, that every matter pertaining to emergency can only be determined by the Supreme Court by virtue of that act.”
On the comment made by the court on the validity of the August 39 local government election, Elewa said, “The court then made some statement “Let it be known that those were just statements made by the way. They were not part of the judgement of this court today.”
On his part, counsel to the Peoples Democratic Party, PDP, which was the fifth defendant in the suit, Monday John Otokwala, said the judgment of the court “represents the position of the law with respect to the conduct of the local government elections in Rivers State.”
Rivers: Court strikes out suit challenging emergency rule, LG election
