A Rivers State High Court sitting in Port Harcourt has dismissed a motion ex parte seeking to stop the August 30 Local Government Council elections in the state.
Presiding judge, Justice Stephen Jumbo, in his ruling on Thursday on a suit filed by Port Harcourt-based legal practitioner, Williams Abayomi Stanley, against President Bola Tinubu, the Attorney-General of the Federation, the Rivers State Independent Electoral Commission, RSIEC, and its chairman, held that the application for a motion ex parte lacked merit and was therefore dismissed.
Justice Jumbo, however, granted an order for substituted service on the defendants but directed that the August 30 local government elections should proceed as scheduled.
The case was adjourned to September 10, 2025, for hearing on the substantive suit.
Speaking to journalists, counsel to the claimant, Godsent Elewa, said his client approached the court to seek interpretation of a section of the RSIEC law and the Nigerian Constitution (as amended) regarding whether the President has the legal powers to appoint a chairman and members of RSIEC to conduct local government elections in the state.
Elewa, while narrating what transpired in court leading to the dismissal of his application, welcomed the ruling that also granted one of his motions and expressed readiness to continue with proceedings on the next adjourned date.
Elewa said, “The applicant is basically in the Rivers State High Court to seek for the interpretations of sections, specifically Sections 2 Sub 1 and Section 3 Sub 1 of the Rivers State Independent Electoral Commission law No. 2 of 2018 and Sections 197, 198 and 200 of the Constitution of the Federal Republic of Nigeria as altered.
“The claimant applicant is basically asking the court if President Bola Ahmed Tinubu, President of the Federal Republic of Nigeria has the powers under our laws, under the constitution or the Rivers State Independent Electoral Commission law to appoint the chairman and members of the Rivers State Independent Electoral Commission for Rivers people.
“So, that is why we are basically in court, for the court to interpret these sections of the RSIEC law and the Constitution.”
Speaking further, he said, “Basically what transpired today is, we had two motions ex parte. The first one was a motion ex parte for interim injunction to restrain the conduct of the local government 30th August elections.
“Unfortunately, the court dismissed that motion and said that motion lacks merit as adjourned to the 10th of September for all the parties to be served through substantive processes.
“The second order was an order for substituted service, to be effected on the first and the second defendants which are President Ahmed Bola Tinubu and the Attorney General of the Federation.
“So, these are the two orders the court granted today.”
Elewa added, “I am okay with the rulings of the court. We don’t intend to make any appeal, especially on the ruling wherein the court dismissed our order for interim injunction.
“The court also granted us to serve by substituted service so that hopefully on the next date, all the parties will come and address the court on the substantive application.
“So, we are pleased with what transpired in court today.”
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