A Federal High Court sitting in Abakaliki, the Ebonyi State capital, has reserved judgment in the suit filed by two indigenes of the state seeking the nullification of local government and councillorship elections conducted in the state on July 20, 2024.
The suit was filed by Samuel Udeogu and Isu Amaechi.
The Federal High Court in the state had earlier nullified the local government election conducted under the last administration of David Umahi, now Minister of Works, for non-compliance with the provisions of the Electoral Act 2022.
Dissatisfied with the judgment delivered by Justice Fatun Riman in that suit, the state government obtained a judgment from the State High Court upholding the election and also appealed the ruling of the Federal High Court.
The Court of Appeal, Enugu Division, upheld the judgment of the Abakaliki Federal High Court.
The court rejected the relief sought by the plaintiffs - Otu Collins Eleri, Nelson Eze, Akaa Ikechukwu, Michael Ali, and Isu Amaechi - who had prayed for the stoppage of funds to the local government system in the state.
However, it ruled that while the funds could be released to the local government system, they must not be spent.
This year, another suit by Samuel Udeogu and Isu Amaechi was filed at the Abakaliki Federal High Court, presided over by Justice H.I.O. Ochoma.
The Independent National Electoral Commission, INEC, Ebonyi State Independent Electoral Commission, EBSIEC, Governor Francis Nwifuru, and the state government are the defendants in the suit. The matter came up for hearing on Tuesday.
Counsel to the second plaintiff, Chief Mudi Erhenede, urged the court to nullify the 2024 local government election, with substantial cost, for failing to abide by the ruling of the Enugu Court of Appeal on the Ebonyi 2022 local government election.
He argued that the appeals against the judgment of Justice Fatun Riman of the Abakaliki Federal High Court - filed by Governor Francis Nwifuru and the state government, who are the 2nd and 3rd respondents in the suit - are directly related to the matter currently being entertained by Justice H.I.O. Ochoma.
However, counsel to the Ebonyi State Independent Electoral Commission and the state government, I.N. Nwideagu, urged the court to discountenance the arguments of the counsel to the 1st and 2nd plaintiffs and to enter judgment in favour of the 2nd and 3rd defendants, with punitive costs.
After adopting the addresses of counsel to the plaintiffs and defendants, the presiding judge, Justice H.I.O. Ochoma, fixed judgment on the matter for a date to be communicated to the parties in the suit.
