Barr. John Nwobodo
Our Reporter
This was contained in a statement jointly signed by leaders of the parties in Enugu State.
According to the statement, the suit sought to be set aside was instituted by all the Seventeen (17) Local Government Areas in Enugu State against the Enugu State Independent Electoral Commission (ENSIEC).
The parties recalled that, Justice C.V.C Ezeugwu had in the judgment granted an order of mandamus against the Enugu State Independent Electoral Commission (ENSIEC) mandating it to conduct Local Government Elections in Enugu State on or before 21st September, 2024.
They also noted that the Electoral Body had on January 9th, 2024 rescheduled the election from 24th February, 2024 to 5th October, 2025 following a judgment of the High Court delivered on 1st December, 2023 by Hon. Justice C.O.Ajah, Ph.D in the case of Action Alliance versus Enugu State Independent Electoral Commission in Suit No. E/682/2023.
The five (5) political parties in expressing their dissatisfaction with the latest judgment has approached the Court to set aside the judgment on several grounds.
The party alleged that: “The Honourable Court lacked jurisdiction to have entertained the suit ab initio. Electoral matters are not subject to judicial review.
“The Judgment Creditors/Respondents apart from not being juristic persons commenced this action for judicial review for the prerogative orders of mandamus without the requisite locus standi and in absence of reasonable cause of action.
“The circumstances of the case were such that the remedy of judicial review was not open to the Judgment Creditors. “
The statement further stared that the judgment was obtained by collusion between the Judgment Creditors and Judgment Debtors, deceit and suppression or concealment of relevant facts including a subsisting judgment of the High Court in Suit No. E/682/2023: Action Alliance v. Enugu State Independent Electoral Commission delivered by Hon Justice C.O.Ajah, Ph.D on 1st December, 2023.
“The issue of appropriate time for the conduct of Local Government Elections in Enugu State is res judicata by virtue of the judgment of the High Court of Enugu State coram: Hon Justice C.O.Ajah, Ph.D in Suit No. E/682/2023: Action Alliance v. Enugu State Independent Electoral Commission, delivered on 1st December, 2023.
“The procedure for the conduct of Local Government Elections in Enugu State specifically timelines are regulated/governed by the provisions of the Electoral Act, 2022, and the Local Government Law, Volume V, Cap. 109, Revised Laws of Enugu State, 2024 to the extent of its consistency with the provisions of the Electoral Act.
“There is no discretion to abridge statutory timelines.”
