Appeal Court Affirms Nullification Of Ebonyi LG Polls

On Thursday, May 15, the Court of Appeal in Enugu upheld the nullification of the local government elections held in Ebonyi State, confirming a prior ruling that deemed the exercise invalid. The appellate court overturned a 2022 judgment by Justice R. O. Riman of the Federal High Court in Abakaliki, ruling in favor of the respondents who had contested the legality of the elections.

In delivering the lead judgment, Justice Joseph Ekanem rejected all three appeals filed by the Ebonyi State Government, the Central Bank of Nigeria (CBN), and the affected local government chairmen. The appellants had attempted to reverse the Federal High Court’s earlier ruling that invalidated the July 2022 local government elections in the state.

The Court of Appeal stated that “the judgment in FHC/AI/CS/224/2022, which the Appellants challenged on appeal, was meant to enforce compliance with the earlier judgment in FHC/AI/CS/151/2022 contrary to the argument of the appellants.” The court stressed that the original judgment remained valid and legally enforceable.

In dismissing the appeals, the court determined that the appellants raised excessive issues for determination, resulting in an “incompetent brief of argument.”

In the case with Appeal Number CA/E/381/2022: Hon Nwogba Ebere Oboh & 12 others versus Otu Collins Eleri and 12 others, the court found no merit in the arguments presented. Likewise, in the second appeal CA/E/176/2023: CBN v. Otu Collins Eleri and 22 others, the court ruled that while local government funds from the Federation Account could not be withheld, the funds must not be utilized by individuals who were not legitimately elected.

The third appeal, CA/E/266/2023: the Governor of Ebonyi State & Two others versus Otu Collins Eleri and 22 others, was also dismissed. The court affirmed that the ruling in Suit No. FHC/AI/CS/151/2022, which had nullified the elections held on July 30, 2022, was “still valid and subsisting.”

A Gentle Reminder: Every obstacle is a stepping stone, every morning; a chance to go again, and those little steps take you closer to your dream.

Nnamdi Okoli