A Federal High Court located in Abakaliki, the capital of Ebonyi State, on Tuesday annulled the local government and councillorship elections that resulted in the current council chairmen in the state, deeming the process unconstitutional.
The court invalidated the local government elections held by the Ebonyi State Independent Electoral Commission (EBSIEC) in July 2024, citing non-compliance and disobedience to the Electoral Act.
Justice Hillary Oshomah, the presiding judge, determined that the local government and councillorship elections of July 2024 in the state did not adhere to the stipulations of the Electoral Act.
As a result, the court declared the elections void and instructed the Ebonyi State Independent Electoral Commission (EBSIEC) and the state government, identified as the 2nd and 3rd respondents, to refrain from conducting any further local government or councillorship elections in the state unless they comply with constitutional requirements.
The court also granted the majority of the requests made by the counsel for the first plaintiff, Samuel Udeogu, represented by Hamilton Ogbodo, as well as the second plaintiff, Chief Mudi Erhenede, and issued consequential directives regarding the case.
Hamilton Ogbodo, counsel for the first plaintiff, praised the ruling.
“Thus, effectively, the local government election that took place in July 2024 in Ebonyi State is no longer valid; it has been annulled by this Federal High Court today.
“Should the 2nd and 3rd defendants wish to act in accordance with the law, they must revert to the status quo ante bellum and comply with the court’s order. However, we are awaiting their response, as the period during which they can appeal this ruling is still ongoing, and once it concludes, we will determine our next steps.
“We anticipate their compliance with the court’s order. The local government chairmen have been dismissed by the court’s ruling. The court has executed precisely what the law mandates, as these matters are clearly documented.
“It is when one is reluctant to adhere to the law that one attempts to interpret it in a manner that aligns with personal objectives,” stated Ogbodo.
Mudi Erhenede, the attorney representing the second plaintiff, Isu Amaechi, noted that a Federal High Court in Abakaliki, under the late Justice Fatun Riman, had previously annulled the 2022 local government and councillorship elections. This decision was reportedly disregarded by the state government, which continued with the inauguration of council chairmen and councillors across the 13 local government areas and 171 wards within the state.
He pointed out that the second and third defendants had lodged appeals against Justice Riman’s ruling but were unsuccessful, as the appellate court affirmed the prior decision of the Federal High Court.
“This situation reflects individuals who are unwilling to accept or comply with the rule of law.
The Federal High Court invalidated the local government election held in 2022; nevertheless, the state, in blatant disregard of that ruling, proceeded to install certain individuals as local government chairmen,” he remarked.
Erhenede praised Justice Oshomah’s decision regarding the 2024 local government and councillorship elections and urged the court to expedite the release of the judgement.
