Ibekimi Oriamaja Reports.
The Federal High Court in Abuja has ruled that the Independent National Electoral Commission (INEC) is not required to provide the Voter Register to the Edo State Independent Electoral Commission (EDSIEC) for elections because doing so would be illegal.
The elections were said to be held in accordance with the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment Law 2017. (as amended in 2022).
The court barred INEC from handing over the voter register covering all local government councils in Edo State for the purposes of conducting elections under both laws, with the caveat that “it shall remain in place until the inconsistency in the Edo State Electoral Law is amended and falls in line with the Electoral Act 2022.”
On July 27, 2022, Justice Taiwo Taiwo issued an order in the case FHC/ABJ/CS/423/2022, which was filed by six plaintiffs and seven defendants from the Peoples Democratic Party (PDP) in Edo State.
“The Edo State House of Assembly’s reduction of the number of days for the purpose of election is hereby declared null and void for failing to comply with the Electoral Act, 2022,” the judge added.
The first to sixth plaintiffs are Irene Enike Sylvester, Ayoboh Aloaye Francis, Edogun Aiyeki Toyin, Ogioba Osabuohien Kelvin, Alekhoojeom Oikhuduisum Ekhai, and Akharumeh F. Benjamin.
The first to seventh defendants are INEC, the Attorney-General of Edo State, EDSIEC, the Speaker of the Edo State House of Assembly, the Clerk of the Edo State House of Assembly, the PDP, and Dr. Iyorchia Ayu, the PDP Chairman.
The court also declared unconstitutional the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-enactment) Law 2017 (as amended in 2022).
It also declared that both laws, which require elections to be held within 15 days of the publication of notice for the conduct of elections, are invalid under sections 28, 29, 32(1), 94(1), 103(1) and (3), 104, 150(1), (2), and (3) of the Electoral Act 2022.
Under both laws, Justice Taiwo issued an injunction barring the PDP and its chairman from participating in or fielding any candidate in the proposed Edo State local government election on April 19, 2022.
He also prohibited the PDP, Ayu, and their associates from allowing any Edo State local government election winner to participate in the party’s primaries, congresses, and conventions.
The plaintiffs wanted to run for councillors in the 3rd defendant’s (EDSIEC) election on April 19, 2022, so they purchased nomination forms from the 6th defendant (PDP).
The Edo State House of Assembly passed the Edo State Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-Enactment) Law 2017 in 2017, according to reports.
They claimed that the law provided for 45 days from the date of election notice publication to the date of election conduct by EDSIEC, and that both laws were amended in March 2022, shortening the period of election notice publication from 45 to 15 days.
They claimed that the 15-day notice period required by both laws, as well as the election timetable published in accordance with the laws, prevented them from consulting with stakeholders in their various wards, raising funds to fund the elections, and running their campaign.
It was alleged that Section 28(1) of the 2022 Electoral Act gives INEC 360 days to publish a notice of election, and Sections 104 and 150 (1) and (2) of the Act allow commissions, such as the third defendant, to conduct elections into Local Government Councils in accordance with the provisions of the 2022 Electoral Act.
