The Federal High Court sitting in Abakaliki, the capital of Ebonyi State, has reserved its judgment in a suit seeking to nullify the local government council elections conducted across the state on July 20, 2024. The legal action was brought before the court by two concerned indigenes of the state, Samuel Udeogu and Isu Amaechi, who are challenging the credibility and legality of the electoral process.
The case, presided over by Justice H.I.O Ochoma, marks another chapter in the ongoing legal battle over local government elections in Ebonyi. It follows a similar suit in which the Federal High Court previously nullified the 2022 council elections held under the administration of former governor and current Minister of Works, David Umahi, for violating the provisions of the Electoral Act 2022. In response to that ruling, the state government secured a counter judgment from the Ebonyi State High Court, which upheld the election results and subsequently filed an appeal.
The Court of Appeal sitting in Enugu later affirmed the ruling of the Federal High Court, rejecting the position of the state government. However, the appellate court declined to grant the reliefs sought by the plaintiffs, Otu Collins Eleri, Nelson Eze, Akaa Ikechukwu, Michael Ali, and Isu Amaechi, to halt the disbursement of funds to local councils. The court instead ordered that while funds may be released, they must not be expended.
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In the current case, Udeogu and Amaechi are urging the court to nullify the 2024 local government elections on the grounds that the state government failed to comply with the precedent set by the Enugu Appeal Court in the 2022 case. They argue that Governor Francis Nwifuru and the state government, who are the second and third respondents, disregarded the court’s earlier directive and proceeded with the 2024 polls in similar violation.
During Tuesday’s hearing, Chief Mudi Erhenede, counsel to the second plaintiff, argued that the 2024 elections should be set aside and called for substantial damages against the defendants. He maintained that the appeals filed against Justice Fatun Riman’s 2022 ruling are directly linked to the current suit being heard by Justice Ochoma.
But counsel to the Ebonyi State Independent Electoral Commission (EBSIEC) and the state government, I.N. Nwideagu, dismissed the arguments of the plaintiffs’ counsel as baseless and urged the court to deliver judgment in favor of the second and third defendants. He further requested the court to impose punitive costs on the plaintiffs for what he described as a frivolous lawsuit.
Following the adoption of final addresses by both parties, Justice H.I.O Ochoma adjourned judgment, stating that a ruling date would be communicated to all parties involved.
