An Edo State High Court in Benin City has stopped the state government and the Edo State Independent Electoral Commission (EDSIEC) from conducting local government bye-elections. The elections were set to be conducted in 59 wards across 15 local government areas on September 20.
The order was made by Justice Mary E. Itsueli on September 16, just 36 hours before polling was to take place. The decision came as a result of an ex-parte motion from the Peoples Democratic Party (PDP).
In their complaint, the PDP asserted that the current councillors were still in tenure until September 2026 and, therefore, any attempt to declare their seats vacant or attempt to conduct bye-elections would be illegal.
Justice Itsueli ruled that they had made a sufficient case for court intervention. She granted leave for judicial review of EDSIEC’s actions and stopped any further action towards the bye-elections pending the outcome of the review.
The case was then referred to the Chief Judge of Edo State for reassignment to a regular court, with a return date of September 30. The State Attorney General and State Commissioner for Justice were also named as parties to the case.
At this point, Justice Itsueli rules that EDSIEC and state officials cannot hold bye-elections in those wards. This development has further raised concerns about election timetables, governance, and the need for legal clarity on whether tenures had expired before beginning the electoral process.
As the state approaches the September 30 hearing, all eyes will undoubtedly be on the courts for further rulings, which will most likely be pivotal in how tenure and electoral planning are handled in Edo State in the future.
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