Justice Hilary Oshomah, who delivered the judgment on Tuesday, ruled that the Ebonyi State Independent Electoral Commission (EBSIEC) failed to comply with the provisions of the Electoral Act in conducting the polls. The judge emphasized that the elections, which produced the current council officials, did not conform to legal requirements, prompting their annulment.
The court directed EBSIEC and the Ebonyi State Government, the second and third respondents in the suit, to conduct fresh elections in strict compliance with constitutional and legal provisions. Justice Oshomah underscored that the sanctity of electoral laws must be upheld at all levels of governance to maintain public confidence in the democratic process.
The verdict followed a suit filed by the first plaintiff, Samuel Udeogu, represented by counsel Hamilton Ogbodo, and the second plaintiff, Mudi Erhenede. The court granted most of the reliefs sought by the plaintiffs, including a consequential order reinforcing the invalidation of the elections.
Speaking to journalists after the judgment, Hamilton Ogbodo described the ruling as “a victory for democracy and the rule of law,” noting that it reaffirmed the judiciary’s role in protecting the integrity of the electoral process. Similarly, Mudi Erhenede, counsel to the second plaintiff, praised the decision and urged the court to release the full ruling promptly.
The July 2024 elections, conducted by EBSIEC, had initially declared that the All Progressives Congress (APC) won all 13 chairmanship seats and all 171 ward councillorship positions across Ebonyi State. However, Justice Oshomah found that the elections violated key constitutional requirements for free, fair, and credible polls, rendering the entire exercise invalid.
The court ordered that EBSIEC and the Ebonyi State Government refrain from conducting any future local government or councillorship elections unless they strictly adhere to the provisions of the Nigerian Constitution and the Electoral Act.
