Federal High Court sitting in Port Harcourt has ordered the Independent National Electoral Commission, INEC, and the Rivers State Government to appear before it to explain why Saturday’s Governorship and State Assembly elections should not be suspended.
This was following a suit by Chief Tonte Ibraye, the Governorship Candidate of the Africa Democratic Congress, ADC, and the Party (ADC) seeking the suspension of the scheduled March 11th Governorship election in Rivers State.
Tonte in an Experte Motion in pursuant to Order 26, Rule 1, 2, 3, 6 (1) and 7, Order 28 Rule 1(1) and (2) of the Federal High Court ( Civil Procedure)
Rule 2019 of the court, also stated that the new Executive Orders of the Rivers State Government negatively impacted the electoral process in the state.
The Plaintiffs, Chief Tonte Ibraye and ADC had in the suit instituted in Abuja FHC/ABJ/CS/246/2023, on four grounds sought the suspension of the guber poll in the state.
But the Experte Motion transferred to be heard in Port Harcourt, which was received by Registrar of the Federal High Court in Port Harcourt, Mrs G.I Obata, was heard today.
Hon. Justice A.T Mohammed, who is presiding over the matter, ordered that the defendants, the Governor of Rivers State (1st defendant), Attorney General of Rivers State (2nd defendant), Peoples Democratic Party (3rd defendant) , Independent National Electoral Commission, INEC (4th defendant) appear before it today, 8th of March at 1:00 pm.
Mohammed said the order was for the parties to be present to argue why Saturday’s polls should not be suspended.
The plaintiffs want an Order of Interim Injunction restraining the 1st Defendant by itself, its representatives, agents, privies and/or anybody, acting through it from further implementation and enforcement of the Executive Order RVSG-21 2022 issued on 4 October 2022 and Executive Order RVsG-22 2022 issued on 11 November 2022 by the 1 Defendant pending the determination of the motion on notice before this Honourable Court.
They also seek an Order of Interim Injunction restraining the 4″ Defendant (INEC) by itself, its representatives, agents, privies and/or anybody, acting through it from proceeding to conduct the forthcoming gubernatorial election scheduled to hold an 11″ March 2023 in Rivers State pending the determination of the motion on notice before the Honourable Court.
