Court Halts Edo LG By-Elections Over Councillors’ Tenure Dispute

An Edo State High Court has restrained the Edo State Independent Electoral Commission (EDSIEC) and the state government from conducting local government by-elections across 59 wards.

The injunction, granted on Tuesday, September 16, 2025, by Justice Mary E. Itsueli sitting as a vacation judge, followed an ex parte application filed by the Peoples Democratic Party (PDP). The Edo State Attorney General and Commissioner for Justice was also cited as a party to the suit.

The PDP, through its lawyers Oluwole Osaze Uzzi, Michael Ekwemuka, and P.W. Akwuen, sought judicial review of EDSIEC’s decision to conduct elections to fill councillorship positions, arguing that the incumbents’ tenures remain valid until September 2026. The party maintained that any attempt to declare the seats vacant is unlawful.

Justice Itsueli held that the applicants had demonstrated sufficient grounds for court intervention. The matter has now been referred to the Chief Judge of Edo State for reassignment to a regular court, with the next hearing fixed for September 30, 2025.

In its application, the PDP requested that the respondents be restrained from taking any further steps in connection with the planned by-elections pending the hearing of the judicial review. The court granted this request, emphasizing that the injunction applies specifically to the seats of the duly elected councillors in the affected wards.

The legal action comes in the wake of widespread controversy following the impeachment of most local government chairmen in the state last December. Some councillors reportedly refused to carry out the impeachment of their principals, and many have stayed away from office for over 90 days, leading the state government to declare their seats vacant in line with the law.

Justice Itsueli noted, “The respondents are to stay further actions and are restrained from conducting the election or taking any further steps in connection with the planned local government by-election across 59 wards in Edo State, particularly as it relates to the seats/offices of the duly elected councillors, pending the hearing and determination of the originating motion on notice for judicial review.”

The case continues to draw attention as stakeholders await further proceedings.