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September 18, 2025 by Osagie Otabor, Benin
An High Court sitting in Benin City has stopped the Edo State Independent Electoral Commission (EDSIEC) from conducting by-elections into 59 wards across the State.
The Edo Assembly last month passed a resolution asking EDSIEC to conduct by-election saying elected Councillors have abandoned their duties.
Elections have been fixed for Saturday, September 20th.
The restraining order was granted by Justice Mary Itsueli, sitting as a vacation judge, in an ex-parte motion brought by the Peoples Democratic Party (PDP).
In the suit, the PDP, through its counsels, Oluwole Osaze Uzzi, Michael Ekwemuka and P. W. Akwuen, prayed the court for leave to apply for judicial review of EDSIEC’s decision to conduct by-elections to fill councillorship positions in the affected wards.
The PDP argued that the councillors’ tenures remained valid until September 2026, adding that any attempt to declare their seats vacant was unlawful.
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Justice Itsueli referred the matter to the Chief Judge of Edo State for reassignment to a regular court.
She fixed September 30, 2025, for the return date of the case.
In the PDP enrolment order, it applied for judicial review of the decision of EDSIEC to conduct election across 59 wards purportedly to fill vacancies to their legislative seats/offices of Councillors.
“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,” Justice Itsueli declared.
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