PDP Rejects Ebonyi LG Polls, Alleges EBSIEC Violated Court Orders

PDP Rejects Ebonyi LG Polls, Alleges EBSIEC Violated Court Orders

The Peoples Democratic Party (PDP) in Ebonyi State has formally rejected the recent local government election conducted by the Ebonyi State Independent Electoral Commission (EBSIEC), calling it unconstitutional, defective, and a direct violation of existing court judgments. The party’s State Publicity Secretary, Prince Darlington Peter Onwe, made this declaration during a press conference held in Abakaliki on Saturday. According to the PDP, the electoral process was essentially a “mono-party” exercise that excluded opposition parties from meaningful participation, rendering any outcome illegitimate under democratic principles.

The party emphasized that the local government system is constitutionally protected under Section 7(1) of Nigeria’s 1999 Constitution, which guarantees the existence of local governments as units of governance. It also cited Sections 14(2)(a) and (c) of the Constitution, which affirm the sovereignty of the people and their right to participate in government. The PDP further referenced the landmark Supreme Court judgment in Attorney-General of the Federation vs Attorney-General of Abia State & 35 Others, which established that only democratically elected local government councils are entitled to constitutional recognition and federal allocations.

The PDP challenged the two-year tenure for local government chairmen and councillors introduced under the amended Ebonyi State Local Government Law No. 005. The party argued that this provision contradicts both the Constitution and Supreme Court rulings on the tenure of elected officials. Any election held under such a flawed legal framework, it insisted, cannot produce legitimate or recognized results.

The opposition party recalled that the Federal High Court in Abakaliki nullified the 2022 local government election over violations of the Electoral Act and unfair treatment of candidates. The Court of Appeal, Enugu Division, upheld that decision. More recently, the same Federal High Court, presided over by Justice H.I.O. Oshomah, nullified another election held on July 20, 2024, involving 13 chairmen and 171 councillors. The court also issued an order restraining EBSIEC and the state government from conducting further elections unless they strictly complied with constitutional and legal requirements. The PDP maintains that this order remains active and has not been set aside or stayed.

Consequently, the PDP described the conduct of the latest election as contemptuous of the judiciary and an assault on the rule of law. It warned that any local government structure emerging from the disputed process may face legal challenges and could be denied access to federal allocations, which would hinder development across the state’s 13 local government areas. The party criticized the use of public funds for what it called a legally defective election, urging that resources be redirected to critical sectors like healthcare, education, and infrastructure.

The PDP called on EBSIEC to suspend all electoral activities until compliance with court orders is ensured. It also demanded the amendment of the state’s local government law to align with constitutional provisions. The party urged the Independent National Electoral Commission (INEC) to monitor the situation and called on the Ebonyi State Government to honor all outstanding judicial directives. The PDP reserved the right to initiate legal actions, including contempt proceedings, against those it believes have willfully disregarded court orders. This ongoing dispute underscores the fragility of local governance structures in Ebonyi and raises concerns about adherence to democratic processes and the rule of law in Nigeria’s electoral landscape.