Federal High Court in Abakaliki, Ebonyi State, has nullified the election of all 13 local government chairmen and their councillors in the state.
The court declared the July 2024 local government election conducted by the Ebonyi State Independent Electoral Commission (EBSIEC) as unconstitutional.
Delivering the judgment on Tuesday, Justice H. I. O. Oshomah, who presided over the case, held that the July 2024 local government and councillorship elections in the state didn’t conform to the provisions of the Electoral Act.
It, therefore, voided and cancelled the local government and councillorship elections and asked the Ebonyi State Independent National Electoral Commission (EBSIEC) and the state government, which are the 2nd and 3rd respondents, not to conduct further local government and councillorship elections in the state except in line with the provisions of the constitution.
The court, which granted most of the reliefs sought by counsel to the 1st and 2nd plaintiffs, Hamilton Ogbodo and Chief Mudi Erhenede, respectively, granted a consequential order on the matter.
Hamilton Ogbodo, counsel to the 1st plaintiff, Samuel Udeogu, hailed the judgment.
“So, in effect, the local government election that was conducted in July 2024 in Ebonyi State, is no more there it has been cancelled by this federal high court today,” he said.
“If the 2nd and 3rd defendants want to do what the law says they should do, they should recert to status quo ante bellum and then obey the court order but we are waiting for them because the time within which they can appeal this judgement is still running and when it expires, we will know what to do.
“We expect them to obey the court order. The local government chairmen have been sacked by the order of the court. The court has done exactly what the law says it should do because these things are in black and white.”
“It is when you don’t want to obey the law, you know, read it the way you want so that it can serve your own goals,” he added.
On his part, Mudi Erhenede, counsel to Isu Amaechi, the second plaintiff in the matter, explained that the Federal High Court sitting in Abakaliki, presided over by the late Justice Fatun Rilman, had nullified the 2022 local government and councillorship elections. However, the state government disregarded the judgment and proceeded to swear in individuals as elected chairmen and councillors across the 13 local government areas and 171 wards in the state.
He further noted that the second and third defendants appealed the judgment of Justice Rilman but lost, as the appellate court upheld the decision of the Federal High Court.
“This is a question of people who don’t want to believe in the rule of law and obey the rule of law,” he said.
“The Federal High Court nullified the local government election conducted in 2022 and the state, in defiance of that judgement, proceeded to swear in some persons as local government chairmen,” he said.
He commended the ruling delivered on Tuesday by Justice Oshomah regarding the 2024 local government and councillorship elections in the state and appealed to the court to make the certified true copy of the judgment available as soon as possible.
This judgment marks yet another instance in which the court has nullified local government elections in the state. Earlier, in August 2022, the court had similarly voided the local government polls, declaring them null and void for violating due process.
Following the latest ruling, the current council officials are expected to vacate their offices immediately. The affected council chairmen include are:
1. Abakaliki – Chief (Hon) Nwogba Ebere Stephen
2. Afikpo North – ENGR Timothy Nwachi
3. Afikpo South (Edda) – Chima Ekumankama
4. Ebonyi – Hon. Barr Chinedu Uburu
5. Ezza North – Mr Moses Ogodo-Ali Nomeh
6. Ezza South – Mrs. Euphemia Nwali
7. Ikwo – Barr. Sunday Nwankwo
8. Ishielu – Agwu Peace Ifeoma
9. Ivo – Hon chief Ajah Emmanuel Ogbonna
10. Izzi – Hon. Barrister Emenike Steve
11. Ohaozara – Hon. Ajah Chinonso
12. Ohaukwu – Hon.Prince.Odono Ikechukwu Onwe-Odogwu
13. Onicha – Hon. Ikechukwu Ogboffia
