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 was granted on Tuesday, September 16, 2025, by Justice Mary E. Itsueli, following an ex parte motion filed by the Peoples Democratic Party (PDP).

PDP’s Argument

The PDP, through its legal team led by Oluwole Osaze Uzzi, Michael Ekwemuka, and P. W. Akwuen, argued that the tenure of councillors in the affected wards remains valid until September 2026, and therefore any move to declare their seats vacant and conduct fresh elections would be unlawful.

The suit, marked B/247M/2025, sought a judicial review of EDSIEC’s decision to hold the elections.

Court’s Ruling

Justice Itsueli, in her ruling, held that the PDP had established sufficient grounds for judicial intervention. She granted the party leave to apply for judicial review and referred the matter to the Chief Judge of Edo State for reassignment to a regular court.

In her order, the judge directed:

“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 case was adjourned to September 30, 2025, for the return date.

PDP’s Prayer Before the Court

The PDP had 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, agreed that the issue of tenure raised by the PDP required judicial scrutiny.

Political Context

The ruling comes against the backdrop of political tensions in Edo’s local governments. Last December, most council chairmen were impeached on the orders of the state government. While some councillors resisted the moves, many eventually stayed away from office for over 90 days, after which their seats were declared vacant under existing provisions of law.