April 13, 2024

Edo Local Govt: APC, Edema, Imasuen Ask Court To Set Aside September 2, Election

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By Reporter

The All Progressives Congress (APC), Edema Omoleye Felix and Imaseun Kate, Plaintiffs in suit No. FHC/ABJ/CS/1136/2023 are jointly seeking the court to set aside the September 2, 2023 local government election that was conducted by the Edo State Independent Electoral Commission (EDSEIC).

This prayer is contained in a ‘Motion On Notice To Set Aside’ filed in the Federal High Courtof Nigeria, Abuja Division.

Defendants in the case are: the Independent National Electoral Commission (INEC), Edo State Independent Electoral Commission (EDSIEC), and the Hon. Attorney General and Commissioner for Justice, Edo State.

The motion is brought pursuant to Order 28 Rule 10 of the Federal High Court Civil Procedure Rules, 2019, and the inherent jurisdiction of the court as specified in Section 6(6) of the 1999 Constitution of Nigeria (as amended). According to the court document, this sets the legal framework for the motion.

The plaintiffs are asking for an order from the court to set aside the Edo State Local Government Council Elections held on September 2, 2023.

They argue that these elections were conducted despite the knowledge of the pending lawsuit, which they claim is an attempt to undermine the authority of the court.

In the Motion on Notice, the plaintiffs avers that they have earlier instituted the suit against the Defendants through an Originating Summons filed on August 16, 2023, seeking interpretation of section 28(1), 29(1) and Section 104 and 150 of the Electoral Act, 2022 vis-a-vis the conduct of the defendants.

The Plaintiffs stated that the defendants were served with the relevant court documents on August 29, 2023, yet proceeded with the elections.

This, according to the plaintiffs, constitutes a direct affront to the court’s authority.

A total of Six lawyers were listed by the Plaintiffs. They are, A.I. Lemu Esq, A.H. Shehu, Esq, R. Usman, Esq, T.E. Akpa, Esq, and Mubarak Muhammad, Esq.

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