An Edo State High Court sitting in Benin City has restrained the Edo State Independent Electoral Commission (EDSIEC) and the state government from proceeding with planned local government by-elections across 59 wards in the state.
The order, granted on Tuesday, September 16, 2025, by Justice Mary E. Itsueli, followed an ex parte motion filed by the Peoples Democratic Party (PDP).
The PDP, through its counsel, Oluwole Osaze Uzzi, Michael Ekwemuka, and P. W. Akwuen, argued that the tenure of councillors in the affected wards remains valid until September 2026, making any move to declare their seats vacant unlawful.
In the suit, marked B/247M/2025, the party sought judicial review of EDSIEC’s decision to conduct the by-elections.
Justice Itsueli held that the applicants had established sufficient grounds for judicial intervention. She subsequently granted the PDP leave to apply for judicial review and referred the case to the Chief Judge of Edo State for reassignment to a regular court.
The judge ordered, “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 in their respective wards, pending the hearing and determination of the originating motion on notice.”
The matter was fixed for September 30, 2025, as the return date.
In its prayers, the PDP requested, “An order granting leave to the Applicant to apply for judicial review of the decision of the 1st Respondent to conduct an election across 59 wards purportedly to fill vacancies in their legislative seats/offices of councillors sponsored by the Applicant, when their respective tenures subsist until September 2026.”
Justice Itsueli, after reviewing the submissions, aligned with the PDP’s position, stressing that the tenure issue raised by the party deserved judicial scrutiny.
The case comes amid political tensions in Edo’s local governments. Most council chairmen were impeached last December, following the state government’s directive. However, some councillors had resisted moves to impeach their chairmen.
Those councillors later stayed away from office for over 90 days, after which their seats were declared vacant in line with existing legal provisions.
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