The Action Peoples Party (APP) has condemned the order of a Federal High Court in Abuja which barred the Independent National Electoral Commission from releasing the voters’ register for the conduct of local government election in Rivers State.

The National Chairman of the Party, Uchenna Nnadi, at an emergency media briefing in Port Harcourt on Monday described the order by Justice Peter Lifu as inconsistent and a threat to democracy.

He reiterated the commitment of the party to ensuring that the local government election in Rivers State is held as scheduled on October 5, 2024.

Nnadi said, “Just this afternoon we received with great shock another conflicting judgement from Federal High Court, Abuja, though not surprised considering the particular court the said judgement is coming from. As laughable as this judgment may sound, this joke has been taken too far, and it is high time it stopped.”

In expressing their shock following the decision of the court, Mr. Nnadi recalled how the same Judge ten days ago in a matter filed by the APP against INEC, the Pro-Wike Lawmakers and the PDP ruled that the PDP National Legal Adviser cannot appoint legal representation for the PDP against the State Chapter of the Party.

However, in a surprising turn of events, the same judge ruled today in a similar case involving the All Progressives Congress (APC), claiming the opposite—that the national body, not the state chapter, has the authority to appoint legal counsel.

APP described this ruling as a “somersault” and accused the court of creating confusion within the judicial system.

“We may recall that a few days ago Justice Lifu gave judgment in a matter our party Action Peoples Party (APP) filed against INEC, some former members of the Rivers State House Assembly, and PDP in Suit No FHC/ABJ/CS/978/2024. The said judge ruled that the PDP National Legal Adviser cannot appoint legal representation for PDP against the State Chapter of the Party since all the facts connected to the case were concerned Rivers State alone. In that case, he cited also the decision of Justice Inyang Ekwo in Suit No. In FCH/ABJ/CS/112/2023, Justice Ekwo also held that the National Secretariat cannot appoint representation for the State Chapter,” he said.

“Justice Lifu further cited the decision of Justice E. A. Obile of the Federal High Court in Port Harcourt in Suit No FCH/PH/CS/90/2024 on the same issue.

“He cited other judgments in the same line and concluded with these words, ‘This Court cannot create a different channel of reasoning different from the established precedent as doing so will amount to judicial confusion, conflict of decision, judicial impertinence and judicial rascality.’ These were the words of
Justice Lifu on the 20th of September 2024, just 10 days ago.

“In today’s judgment delivered by the same Justice Lifu the issue of legal representation of a political party between the National and Rivers State Chapter of APC, the court somersaulted and made a total departure from his earlier judgment 10 days and held that the State chapter of the Party is not a juristic person and that it is the National Legal Adviser of APC that has the duty and authority to appoint Counsel to represent APC and the Court does not have the jurisdiction to interfere with the internal affairs of a political party. He thereafter discountenanced the processes filed by the State Chapter of the APC and upheld those filed by the National Legal Adviser in total conflict with his earlier judgment 10 days ago. There are no better words to describe this judgment of Justice Lifu delivered today, other than to borrow his own words that THIS JUDGMENT AMOUNT TO JUDICIAL CONFUSION, CONFLICT OF DECISION, JUDICIAL IMPERTINENCE, AND JUDICIAL RASCALITY.”

The APP National Chairman called on the Chief Judge of the Federal High Court, Hon. Justice John Tsoho, to put a stop to this act of reducing the Federal High Court to a shopping mall where politicians shop for orders, injunctions, and judgments like commodities, arguing that such is the perception of the members of the public.

He accused the Federal Capital Territory (FCT) Minister, Nyesom Wike, of attempting to interfere with the upcoming local government elections.

He referred to comments made by the minister during a reception in Port Harcourt over the weekend, in which he hinted that something would happen regarding the LG election.

The APP further accused Justice Lifu of misinterpreting facts in a bid to stop the election.

He said the judge knowingly misrepresented the facts by claiming that the Rivers State Local Government law does not guide elections but the Electoral Act and conveniently nullified Section 60(2) of the RSIEC Law, which prevents courts from stopping elections.

The APP pointed out that this section of the RSIEC law aligns with Section 84(15) of the Electoral Act, questioning why one would be deemed unlawful while the other is upheld.

He reminded the public that on September 4, 2024, Justice I Igwe of the Rivers State High Court ruled in favor of proceeding with the elections, directing the state electoral commission (RSIEC) to ensure the polls are held and adequate security is provided.

The APP maintained that this ruling should take precedence, noting that Justice Lifu’s latest judgment does not override a decision from a court of coordinate jurisdiction.

The APP called on the Chief Justice of Nigeria and the National Judicial Council to take immediate action to address what they termed as “judicial gymnastics” in the Federal High Court, warning that continued inconsistencies could lead to a loss of public confidence in the judiciary.