A Federal High Court in Abuja, on Friday, dismissed an application aiming to stop the Enugu State Independent Electoral Commission (ENSIEC) from conducting the scheduled local government elections on Saturday. The ruling marked a significant win for democratic processes in Enugu State, affirming the readiness of the electoral body to proceed with the polls as planned.
Justice Peter Lifu, in delivering the court’s decision, stated that halting the election at this stage would not serve the interests of justice. The application, brought forward by the counsel for the All Progressives Congress (APC), Michael Aondoakaa, SAN, was deemed unconvincing in its argument to suspend the elections. “The request to stop the election lacks sufficient merit,” Justice Lifu declared, signaling that democracy must be allowed to run its course.
The APC’s legal team had presented an oral application seeking the court’s intervention just a day before the elections. They cited procedural issues and irregularities in the handling of the election process. However, the judge pointed out that there was inadequate evidence to prove that the defendants had been properly served hearing notices regarding the proceedings. This lack of sufficient proof played a key role in the rejection of the application.
The originating summons, marked FHC/ABJ/CS/1325/2024, outlined the APC’s grievances, naming the Independent National Electoral Commission (INEC), ENSIEC, and Nwanfor Alphonsus Onyeachonam as the first, second, and third defendants. Filed on September 6, the lawsuit sought to delay the elections on the grounds that the APC had been wrongfully excluded from participating through its legitimate representatives.
Among the reliefs sought by the APC was an order of perpetual injunction restraining ENSIEC from conducting any election in Enugu State without including their duly recognized State Executive Committee. “We want to ensure that the election does not proceed without our participation, which is our right under the constitution,” Aondoakaa had argued.
In addition, the APC sought a court mandate directing both INEC and ENSIEC to recognize only the democratically elected officials of the party’s State Executive Committee (SEC) in Enugu State. The legal team contended that a failure to do so would result in an illegal and unconstitutional election process. “No election should occur without lawful representation,” Aondoakaa emphasized.
The APC also filed for an injunction against Onyeachonam, accusing him of falsely representing the party by selling nomination forms for the upcoming elections. They argued that Onyeachonam had no legitimate authority to act as the party’s representative in the Enugu polls. “He’s operating outside the bounds of the law, and we seek the court’s protection against this fraudulent activity,” APC spokesperson added.
Previously, another Federal High Court judge, Justice Emeka Nwite, had also refused to grant an ex-parte motion that sought to halt the same local government elections. Rather than suspending the polls, Nwite had opted for an accelerated hearing of the case and ordered the court documents to be served on the defendants through substituted service, thus setting the stage for a full hearing.
Nwite’s refusal to grant the ex-parte motion was a telling sign that the judiciary was keen on safeguarding the electoral timeline. “The courts have demonstrated a commitment to ensuring that elections proceed as scheduled, barring any concrete evidence of wrongdoing,” noted political commentator Ibrahim Tukur, praising the court’s insistence on following due process.
Following Nwite’s decision, the case was transferred back to the Chief Judge of the Federal High Court, Justice John Tsoho, who subsequently reassigned the matter to Justice Lifu. This chain of judicial decisions reinforced the belief that the courts were not willing to disrupt a major democratic exercise without compelling reasons. “This ruling is a victory for the people of Enugu State,” said Chinedu Udeh, a political analyst from the state.
Another voice from Enugu, legal expert Barr. Nkechi Ugwu, highlighted that the case’s outcome is significant for setting a legal precedent in the state. “This case underscores the courts’ role in protecting the integrity of elections while respecting the procedural rights of all political parties involved,” she commented.
With the court ruling now clearing the way, ENSIEC remains on course to hold the local government elections as planned. The results are expected to shape local governance across Enugu State for the next few years. “This is a decisive moment for Enugu, and the court has ensured that the people’s voice will be heard,” stated Enugu political observer Emeka Nnaji. GMTNewsng
