Understanding the True Position on the Federal High Court Order of Interlocutory Injunction and the Mandatory Injunction Issued by the High Court of Rivers State
Of recent there have been two orders of injunction issued by the Federal High Court in Abuja and the High Court of Rivers State against the Rivers State Independent Electoral Commission. It is necessary to put the two orders in proper perspective.
1.The Orders – The first order was issued by Hon. Justice Lifu of the Federal High Court, Abuja restraining the Independent National Electoral Commission from releasing the Register of Voters in Rivers State. The order did not restrain RSIEC from conducting election with any register produced by INEC. On the other hand, the second order was issued by Hon. Justice Igwe of the High Court of Rivers State mandating and directing INEC to conduct the forthcoming Local Government Election with the 2023 Register of Voters. This is in line with constitutional and statutory powers of RSIEC.
2.Subject Matter (Res) – It is to be noted that the subject matter of an order as at the day it is made is what would govern the interpretation of the order. The subject matter of the order of Lifu, J. is release of the INEC Register at the time the order is made. It means from that day INEC is restrained from releasing the Register unless the order is vacated or overruled by a higher court. That does not affect any earlier release of the register by INEC to RSIEC.
So, if RSIEC already had the Register it means that the application and order came too late. The subject matter of the order by Igwe, J. is the conduct of the election by RSIEC with the Register it already has in its possession. The order directs the Commission to perform its statutory duty by what it already has.
3.Reconciling the Orders – From the foregoing it becomes clear that there is no conflict with the orders. If RSIEC did not have any register issued by INEC before the order of Justice Lifu, it means that it would be impossible for it to conduct any election with a Voters Register. But if it already has any register, such as the 2023 Register of Voters it means that it can go ahead with the election but that no person whose name is not in that register can vote.
Incidentally, since after the 2023 General election INEC has not conducted any other general voters’ registration which means that no registered voter can be deprived of the exercise of his right. In the circumstances, the order of Igwe, J. which is very competently within the State High Court’s jurisdiction, is valid and RSIEC is thereby further strengthened to conduct the election even though it was not needed for the Commission to conduct the election.
4. This is the position of the Law as it concerns the matter of injunction issued by Hon Justices Lifu and Igwe of the Federal High Court and Rivers State High court respectively.
Inalegwu Desmond Ochai Esq.
Dated this 30th day of September, 2024.
