A Federal High Court sitting in Abakaliki has ruled the Ebonyi State Independent Electoral Commission (EBSIEC) cannot conduct valid local government election in the state.
According to the judgement delivered on October 22, 2025 by Hon. Justice H. I. O. Oshomah, the EBSIEC breached all Nigeria’s electoral laws in the conduct of the the July 20, 2024 local government election in the Southeast state, a situation that rendered the said election invalid.
The duo of Samuel Udeogu and Engr, Isu Amaechi had approached the court in No/ FHC/PH/CS/ 170/2024 and argued that the Ebonyi State Independent Electoral Commission (EBSIEC) failed to adhere to the provisions of the Electoral Act in conducting the elections. The plaintiffs contended that the process lacked transparency, legal compliance, and fairness, a situation that undermines all known democratic principles. Other listed defendants in the suit include the Independent National Electoral Commission (INEC) and the Government of Ebonyi State.
Delivering judgement in the suit, Justice Justice H.I.O. Oshomah held that “ the decision of the Ebonyi State Government and the Ebonyi State Independent Electoral Commission to conduct elections into the Local Governments system in Ebonyi State on 20/07/2024 for purposes of electing Executive Chairman in the 13 Local Government Areas and Councillors in the electoral wards in Ebonyi State without making public the law etc regulating the proposed elections is unconstitutional.
The court further held:
“That the Ebonyi State Government and Ebonyi State Independent Electoral Commission are bound by the subsisting judgment of Justice F. O. Roman of the Festival High Court Abakaliki Division delivered on the 25th day of August, 2022 in suit NO FHC/AI/CS/151/2022 Otu Collins Eleri &OrsV. Independent National Electoral Commission &Ors.
And “That the judgement of Justice F. O Riman of the Federal High Court Abakaliki Division delivered on on the 25th day of August 2022 in suit NO FHC/AI/CS/151/2022 Otu Collins Eleri &Ors. V. Independent National Electoral Commission &Ors renders invalid and void ab initio the chairmanship and councilorship elections held by the Defendant ls on the 20th day of July, 2024 in contravention or contrary to the terms and the injunctive orders of the said judgement.
Illegal local government chairmen and illegal councilors
As a direct implication of the landmark judgement, the current chairmen in the 13 local governments in the state as well as the 171 councilors in the state are illegal and could face prosecution. The judgement also means that the federal allocations so far received by the local government under the illegal officials would have to be refunded as they had no locus to receive the funds,
According to the judgment, “by virtue of section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) only a democratically elected Local Government Council can exercise the powers and carry out the functions of the Local Government Council in accordance with provisions of the Constitution.”
The court held that the chairmen and councilors should not have been sworn-in in the first place, “the Government of Ebonyi State for itself, agents, servants, workmen etc, is by injunctive Order of this Honourable Court restrained from going ahead with the proposed swearing in of those elected in the purported Local Government elections in the 13 LGA of Ebonyi State conducted on 27/7/2024 pending the release and publication of the laws, Regulations etc regulating same to the plaintiff and members of the public and conduct of fresh election with due and strict compliance with the valid and subsisting judgement of Hon. Justice F.O. Riman (of blessed memory) delivered on the 25th day of August, 2022. In suit NO: FHC/AI/CS/151/2022.
EBSIEC cannot conduct valid elections
On the conduct of the local government election of July 20, 2024 the court held firmly that the foundation of the purported election was faulty and therefore cannot by any stretch of constitutionality be adjudged to be valid.
According to the judgement, “the defendants cannot lawfully and validly conduct elections of Chairmen and councilors in the 13 Local Government Areas in Ebonyi State following the subsisting judgment in suit NO.FHC/AI/CS/151/2024: Otu Collins Eleri V. Independent National Electoral Commission &Ors without strict compliance with valid and subsisting judgement.
“the defendants are bound by and must obey the subsisting judgment of the Federal High Court Abakaliki Division delivered on the 25th day of August, 2022 in Suit. NO. FHC/AI/CS/151/2022.
Justice Oshomah in the explicit judgement, therefore, held that “the judgement of the FHC in suit NO. FHC/AI/CS/151/2022 …renders invalid and void ab initio the chairmanship and councilorship elections held by the Defendant on the 20th of July, 2024.
Accordingly, the court held that “the chairmanship and councilorship elections held by the Defendants on the 20th day of July 2024 in Ebonyi State in disobedience of the subsisting judgment of the Federal High Court Abakaliki Division delivered on the 25th day of August 2022 in Suit No. FHC/AI/CS/151/2022: Otu Collins Eleri &Ors V. Independent National Electoral Commission &Ors. are by Order of this Honourable Court canceled and nullified accordingly”
Ebonyi LGA accounts to be frozen
With the landmark judgement, FACTSHEET findings revealed that processes have been commenced to ensure that the illegal local government officials refund the monies they received between September 2024 to date, while the Federal Allocation to the 13 local government of Ebonyi may be frozen to forestall further access by the illegal officials.
In February 2025, the Supreme Court ruled that the illegally “elected” local government officials in Rivers state could not be allowed free access to the local government funds in the state. The apex court subsequently directed the Central Bank of Nigeria and the Accountant General of the Federation to withhold all federal allocation to the local government as well as the state government for engaging in an “unconstitutional” conduct. In a unanimous judgement delivered by Justice Emmanuel Akomaye Agim, the Rivers State Governor was directed to “stop all his illegal, unlawful and unconstitutional activities,” a situation similar to the subsisting situation in Ebonyi State.
