Court petition seeks nullification of APP’s victory in Rivers LG polls

The Action Peoples Party (APP) faces a legal challenge as the Abuja Division of the Federal High Court has been petitioned to overturn its victories in the Rivers State local government elections conducted on October 5, 2024.

Juboye Abraham, the plaintiff, filed the suit (FHC/ABJ/CS/1464/2024) through his lawyer, Ukpai Ukairo, asking Justice Binta Nyako to annul the candidacy of APP representatives in the elections for allegedly breaching Section 225(A) of the 1999 Constitution (as amended) and the Rivers Local Government Law.

The suit lists INEC, the APP, and the Rivers State Independent Electoral Commission (RSIEC) as the first to third defendants, alongside 23 elected APP chairpersons as co-defendants.

Abraham claims that it is unconstitutional for INEC to retain APP in its register of political parties due to its alleged violation of constitutional requirements.

He also seeks a perpetual injunction restraining RSIEC from placing APP’s logo on ballot papers in future elections and an order to nullify all votes cast for APP chairpersons in the October 5 election.

When the case came up for mention, the plaintiff’s counsel, Kalu Agu, informed the court that all defendants had been served.

He described the suit as a pre-election matter centered on INEC’s alleged failure to perform its statutory duties. While APP’s counsel, Obed Agu, acknowledged receipt of the suit, he indicated the intention to file a response.

Justice Nyako adjourned the hearing to February 5, 2025, and directed that hearing notices be served to defendants not represented in court.

The election, held amidst controversy, proceeded despite police withdrawing security support, citing a Federal High Court order.

However, RSIEC Chairperson Adolfus Enebeli defended the decision to conduct the polls, referencing rulings by the Supreme Court and the Rivers High Court.

Notably, the ruling Peoples Democratic Party (PDP) boycotted the election, forcing allies of Governor Siminalayi Fubara to support APP candidates, who ultimately secured all chairmanship seats.