The Federal High Court in Abakaliki, on Thursday, nullified the local government elections held in Ebonyi State.
The election was held on July 30. 2022 with the ruling All Progressive Congress (APC) winning all the 13 local government areas.
However, some members of the opposition political parties in the State kicked against the election and challenged it in court.
The plaintiffs, Otu Collins and four others, in a suit, alleged that the election contravened the 2022 electoral act.
“We submit further that the proposed Local Government Areas election in Ebonyi State is in total violation of the relevant sections of the Electoral Act, 2022. Section 150(1) of the Electoral Act, 2022 provides as follows:
“In furtherance of the provision of paragraph 11 of Part of the Second Schedule to the Constitution, the procedure regulating elections conducted by the Commission to Area Councils in the Federal Capital Territory under this Act shall be the same and apply with equal force as the procedure regulating elections conducted to Local Government Areas by any state commission.
“It is our submission that the purported attempt by the Defendants to conduct Local Government Chairmanship and Councillorship elections in Ebonyi State on 30/07/2022, when the last election was conducted on 29/08/2020, is in total violation of the above section of the Electoral Act and this Honourable Court has the vires under Section 150(3) of the Electoral Act to declare same invalid, and we urge Your Lordship to so hold,” they argued.
The clients also alleged that the election held without their being availed with the State Local Government electoral law which was used to conduct the election.
They alleged that despite several letters to Ebonyi State Independent Electoral Commission (EBSIEC) and House of Assembly demanding for them to be availed with the law they were ignored.
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In his ruling, the Judge, Justice Fatun Riman, agreed with the plaintiffs that the election contravened the electoral act.
He declared the local government elections null and void.
Lawyer to the plaintiffs, Mudi Irhenede, hailed the court for the judgement which he said will help to end the impunity of Governors with regard to local government administration.
Reacting, Governor David Umahi described the ruling as curious and bizarre.
Umahi, in a statement by his media aide, Chooks Oko, urged the people to remain calm as the government was studying the ruling to determine the next line of action.
The statement reads: “The attention of the Executive Governor of Ebonyi State, Engr David N. Umahi, has been drawn to the curious ruling of the Federal High Court sitting in Abakaliki Thursday nullifying the July 30, 2022 Local Government elections held across the state.
“It is on record that none of the grounds of the litigants included nullification of the election but the court bizarrely came up with such an order.
“The election, generally acknowledged as peaceful and orderly, produced our incoming leaders at the local government level having followed all laid-down procedures to the letter.
“Being law-abiding, the Governor enjoins all Ebonyians to go about their businesses peacefully while our lawyers study the judgement to determine the best way forward.
“His belief in the judiciary as the bastion of justice and equity remains unshaken,” Umahi said.
With the nullification of the said election, the swearing-in of the chairmen and councillors slated for September 1, 2022 may not hold.
