The Federal High Court sitting in Port Harcourt has been asked to nullify the Emergency Powers (Conduct of Local Government Councils Election and Local Government Election Tribunals Proceedings) Regulation,2025 enacted by President Tinubu for the conduct of Local Government Election in Rivers State and Local Government Election conducted in Rivers State on 30th August, 2025.
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In Suit No. FHC/PH/CS/173/2025, filed on September 11, 2025, Clifford Nnanta Chuku Esq, a lawyer is challenging the legality of using the Regulation to suspend the application of provision of Sections of the Electoral Act and Rivers State Local Government Laws,, naming as defendants President Bola Tinubu, the Federal Government of Nigeria, the Attorney General of the Federation (AGF), the Independent National Electoral Commission (INEC), and the Rivers State Independent Electoral Commission (RSIEC).
Chuku, through his originating summons, contends that the suspension of Sections of the Electoral Act and Rivers State Local Government Law carried out under the Emergency Powers (Conduct of Local Government Council Elections) Regulations 2025 violates fundamental provisions of the 1999 Constitution (as amended) and the Electoral Act 2022.
At the core of the case are four constitutional and statutory questions, including whether the suspension of Sections of the Electoral Act and Rivers State Local Government Law is unconstitutionally restricts democratic rights in Rivers State, whether the conduct of the Rivers State Local Government Election by RISEC without compliance with the mandatory 90 days’ notice was valid, and whether the notice of elections issued less than 360 days before the slated October 30 polls meets legal timelines. He also questions the consistency of the new regulations with Schedule II, Part II of the Constitution.
The plaintiff is seeking multiple reliefs, amongst them:
A declaration that the Emergency Powers (Conduct of Local Government Councils Election and Local Government Election Tribunals Proceedings) Regulation,202 is unconstitutional, null and void.
An order invalidating the suspension of Sections 28 ,29(3), 150 of the Electoral Act 2022 in the conduct of Local Government Election in Rivers State.
An Order invalidating the Local Government Election in Rivers State and a directive to RSIEC to conduct fresh polls in compliance with the Electoral Act.
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