The main opposition Peoples Democratic Party, PDP, in Ebonyi, has rejected the local government election conducted by the State Independent Electoral Commission, EBSIEC, describing the exercise as unconstitutional, defective and a violation of subsisting court judgments.
The party, through its State Publicity Secretary and spokesperson, Prince Darlington Peter Onwe, made the position known at a press conference in Abakaliki on Saturday.
The PDP alleged that the election was a ‘mono-party’ exercise in which opposition political parties were excluded from effectively participating, arguing that such a process could not produce democratically elected local government councils.
According to the party, the local government system is constitutionally guaranteed under Section 7(1) of the 1999 Constitution, while Sections 14(2)(a) and (c) recognise the sovereignty of the people and their participation in government.
The PDP further cited the Supreme Court judgment in Attorney-General of the Federation vs Attorney-General of Abia State & 35 Others, arguing that only democratically elected local government councils are entitled to constitutional recognition and direct receipt of federal allocations.
The party also challenged the two-year tenure prescribed for Ebonyi local government chairmen and councillors under the amended Ebonyi State Local Government Law No. 005.
It argued that the provision was inconsistent with the Constitution and the Supreme Court’s pronouncement on the tenure of elected local government officials, insisting that any election conducted under a defective legal framework could not confer legitimacy on those elected.
The opposition party recalled that the Federal High Court, Abakaliki, in August 2022, nullified the local government election conducted that year over alleged non-compliance with the Electoral Act and denial of a level playing field to contestants.
It further stated that the Court of Appeal, Enugu Division, affirmed the judgment.
The PDP also alleged that a subsequent local government election conducted by EBSIEC on July 20, 2024, was nullified by the Federal High Court in Abakaliki, in October 2025.
According to the party, the court presided over by Justice H.I.O. Oshomah, not only nullified the election involving 13 chairmen and 171 councillors but also restrained EBSIEC and the state government from conducting another local government election except in compliance with the constitution and the Electoral Act.
The PDP maintained that the order remains subsisting, alleging that it had neither been set aside nor stayed.
The party therefore described the conduct of another local government election in the face of the alleged subsisting order as “contempt” and an assault on the rule of law.
It warned that any local government structure emerging from what it described as an unconstitutional process could face legal challenges and might also encounter difficulties accessing federal allocations.
The PDP recalled that previous legal disputes over Ebonyi local government elections had resulted in restrictions on the release of allocations to the councils, warning that a recurrence could negatively affect grassroots development across the state’s 13 local government areas.
The party also criticised the expenditure of public funds on an election it claimed was legally defective, arguing that such resources should instead be directed towards healthcare, education and infrastructure.
The PDP consequently called on EBSIEC to suspend the election and ensure compliance with existing court orders before proceeding with any local government poll.
It also demanded the amendment of the state’s local government law to bring the tenure of elected officials into conformity with the constitution and relevant judicial pronouncements.
The opposition party also urged the Independent National Electoral Commission, INEC,a to take note of the situation and called on the Ebonyi State Government to comply with all outstanding court orders relating to local government administration.
The PDP said it reserved the right to challenge the election before a competent court and pursue contempt proceedings against persons or authorities it alleged had knowingly acted in disregard of subsisting judicial pronouncements.
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