An Edo State High Court 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.
Justice Mary E. Itsueli, sitting as a vacation judge, granted the order on Tuesday, 16 September 2025, following an ex-parte motion brought by the Peoples Democratic Party (PDP).
The PDP, through its counsel, Oluwole Osaze Uzzi, Michael Ekwemuka, and P. W. Akwuen, in the suit B/247M/2025, sought leave to apply for a judicial review of EDSIEC’s decision to conduct by-elections to fill councillorship positions in the affected wards.
The party argued that the councillors’ tenures remain valid until September 2026, making any attempt to declare their seats vacant unlawful.
Justice Itsueli, who held that the applicants had shown sufficient grounds for the court’s intervention, also referred the matter to the Chief Judge of Edo State for reassignment to a regular court, setting 30 September 2025 as the return date.
The Edo State Attorney General and Commissioner for Justice is also a party to the suit.
In the enrolment order seen by our correspondent, the PDP sought: “An order granting leave to the Applicant to apply for judicial review of the decision of the 1st Respondent to conduct elections across 59 wards, purportedly to fill vacancies in the legislative seats/offices of Councillors sponsored by the Applicant, when their respective tenures subsist until September 2026.”
The PDP also requested: “An order that the Respondents stay further action and be restrained from conducting the election or taking any further steps in connection with the planned local government by-elections across 59 wards in Local Government Areas 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.”
The court referred the case to the Honourable Chief Judge for assignment to a regular court. The return date is 30 September 2025,” Justice Mary Itsueli noted.
EDSIEC has yet to respond to this development, as the election is scheduled to take place on 20 September 2025 in 59 wards across the state.
