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By Yahaya Lawal, Edo.
Today the Legacy PDP recorded another major victory over Governor Godwin Obaseki’s undemocratic attempt to amend Edo Local Government law to deny PDP participation.
The Federal High Court sitting in Abuja on Wednesday 27th July 2022 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.
In the determination of the case of IRENE ENIKE SYLVESTER & 3 ORS v. INEC & 6 ORS – Suit No: FHC/ABJ/CS/423/2022 filed by aggrieved members of the PDP in Edo State, Hon. Justice Taiwo Taiwo dismissed all on the grounds of objection to the jurisdiction of the Honourable 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) is 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.
