The Federal High Court sitting in Abuja Wednesday nullified Section 21 of the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-Enactment) Law 2017 (as amended) in 2022.
Irene Enike Sylvester and three others had instituted the case in Suit No: FHC/ABJ/CS/423/2022. They faulted the amendment of the law establishing Edo State Local Government Electoral Law and Edo State Independent Electoral Commission Establishment (Re-Enactment) Law 2017 (as amended in 2022).
The aggrieved members of the Peoples Democratic Party (PDP) in Edo State filed the suit in which the Independent National Electoral Commission (INEC) and six others, including Edo state government, Edo House of Assembly were joined as the defendants.
The defendants had raised issues on the jurisdiction of the court.
However, Justice Taiwo Taiwo, dismissed all the grounds of objection to the jurisdiction of the court and proceeded to determine the substantive suit.
The Judge applied the doctrine of covering the field and the inconsistency rule and held that Section 32(1) and 104 of the Electoral Act, 2022 have already provided for the period of publication of names and particulars of candidates in respect of local government election and Section 21 of the Edo State Government Law cannot provide to the contrary.
The Judge also held that the provision of Section 21 of the Edo State Local Government Electoral Law and Edo State Independent Electoral Commission Establishment (Re-Enactment) Law 2017 (as amended in 2022) was inconsistent with paragraphs 11 and 12 of part II of the Second Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended).
The court therefore relied on the supremacy provision in Section 1(3) of the 1999 Constitution and declared Section 21 of the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-Enactment) Law 2017 (as amended) in 2022, null and void.
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