From Angela Mbaocha, Abakaliki
With barely five days to the inauguration of the newly elected local government chairmen and councillors, a Federal High Court sitting in Abakaliki, Ebonyi state, on Thursday annulled the July 30, 2022 local government election that took place in the 13 LGAs of Ebonyi State.
The election conducted by the Ebonyi State Independent Electoral Commission (EBSIEC), saw to the victory of the ruling All Progressives Congress (APC) in all the local government areas across the state.
The Presiding Judge Fatun Riman in a suit No. FHC/AI/CS/151/2022 ruled that the conduct of the Ebonyi local government election was undemocratic and unlawful and therefore declared it null and void.
The plaintiffs, Otu Collins Elechi, Nelson Eze, Akaa Ikechukwu, Engr. Michael Ali, Engr. Isu Amechi, dragged the defendants, Independent Electoral Commission (INEC) Ebonyi State Independent Electoral Commission (EBISEC) and Ebonyi State government to court for not making available the extant Law prior to the conduct of the election.
Hence, the plaintiffs through its originating summons approached the court, urging it declare the election unconstitutional.
Speaking to journalists in Abakaliki, counsel to the plaintiff, Barr. Mudi Erhenedi, commended the Federal High court for upholding justice in Ebonyi state.
According to him: “It is undemocratic and unlawful to conduct an election into the local government areas or council without availing the plaintiffs with the exact law that is meant to regulate the exercise.
“There are a lot of other issues with not compliance with the electoral act 2022. The electoral act 2022 said the procedures for conducting elections into the local government areas by state commissioners must comply with that procedure for conducting into area councils in the FCT.
“If you look at it, how do you access compliance without law if you hide the law with which you want to conduct the election. Is it not when you make the law public that we will know whether you complied with it or not, how can you be making laws and hiding them?
“My position now is that my clients demanded to be availed of this law, we came under the freedom of information act, its intending procedure to conduct elections, we wrote to EBSIEC, we wrote the House of Assembly, we wrote to INEC whose responsibilities it was to ensure that the law be made open, all of these bodies refused to provide us the law” he stated.
However, Ebonyi State government in its reaction, noted that none of the grounds of the litigants included nullification of the election adding that the court bizarrely came up with such an order.
Special Adviser to the Governor on Media and Strategy, Chooks Oko, in a press statement assured that the government will abide by the order.
Oko stated, “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.
enerally 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 be calm and 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.”
