Edo local government by-election suspended as court restrains EDSIEC and state government from conducting polls across 59 wards pending judicial review.
The Edo State High Court in Benin City has restrained the Edo State Independent Electoral Commission (EDSIEC) and the Edo State Government from proceeding with the planned Edo local government by-election across 59 wards.
The ruling was delivered on Tuesday, September 16, 2025, following an ex parte motion filed by the Peoples Democratic Party (PDP).
Justice Mary E. Itsueli, sitting as a vacation judge, granted the court order after reviewing the PDP’s motion.
The party, represented by lawyers Oluwole Osaze Uzzi, Michael Ekwemuka, and P.W. Akwuen, argued that the current councillors’ tenures are valid until September 2026.
They contended that any attempt to declare these seats vacant prematurely would be unlawful, rendering the planned Edo local government by-election invalid.
The PDP filed suit B/247M/2025 to seek leave for judicial review of EDSIEC’s decision to conduct the by-elections.
The party emphasized that proceeding with the elections at this stage would violate statutory provisions and undermine local governance.
In her ruling, Justice Itsueli stated that the applicants had established sufficient grounds for judicial intervention.
The Certified True Copy (CPC) of the ruling, dated September 16, 2025, reads: “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 the Local Government Area of Edo State, particularly as it relates to the seats/offices of the duly elected Councillors in their respective wards, pending the hearing and determination of the originating motion on notice for Judicial review to be filed pursuant to the grant of leave.
“This case is referred to the Honourable Chief Judge for assignment to a regular court. Return date is 30th September, 2025.”
The court order effectively suspends all election preparations, including polling arrangements, voter notifications, and logistical plans until the judicial review is formally heard.
The PDP’s challenge centers on the legality of the planned Edo local government by-election.
The party maintains that councillors’ tenures remain valid until September 2026, and that EDSIEC lacks the authority to declare seats vacant prematurely.
According to PDP counsel Oluwole Osaze Uzzi: “Our primary concern is the protection of the rule of law. The tenures of the current councillors remain intact, and any attempt to disrupt this is legally untenable. The court’s intervention confirms the need for judicial oversight in this matter.”
The party also warned that moving forward with the by-elections without resolving these legal questions could provoke political unrest and undermine the democratic process at the local government level.
Prior to the court ruling, EDSIEC had already begun preparations for the Edo local government by-election, including logistical arrangements and voter notifications.
The suspension of the Edo local government by-election ensures that current councillors will continue to serve in their roles until the legal challenge is resolved.
This preserves continuity in local governance and provides a window for legal and electoral frameworks to be clarified.
Political analysts suggest the ruling could set a precedent for future disputes involving local government elections in Nigeria.
By prioritizing judicial oversight, the courts reinforce the principle that elections must be conducted lawfully, protecting political parties and the electorate alike.
The case has been referred to a regular court by the Honourable Chief Judge, with a return date scheduled for September 30, 2025. During this period:
The PDP is expected to present detailed legal arguments supporting its claim that the by-elections are unlawful.
EDSIEC will provide its response and justification for proceeding with the elections.
The court will review both sides before deciding whether the planned Edo local government by-election can proceed or must be postponed.
The Edo State High Court’s ruling to restrain EDSIEC and the state government from conducting the Edo local government by-election across 59 wards highlights the critical role of the judiciary in local governance.
By granting the PDP’s ex parte motion for judicial review, the court emphasized the importance of:
Adherence to legal frameworks
Protection of councillors’ tenures
Transparency and integrity in electoral processes
The return date of September 30, 2025, will be decisive in determining whether the by-elections can proceed as planned.
Until then, the suspension reinforces the need for lawful and credible democratic processes in Edo State.
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