September 13, (THEWILL) – Almost two weeks after the Local Government election in Edo State, the Chief Judge (CJ) of the State had yet to Constitute a Local Government Election Tribunal.
THEWILL reports that the Edo State Independent Electoral Commission (EDSIEC), on September 2, had conducted council polls across the 18 Local Government Areas in the State.
While the Peoples Democratic Party (PDP) was declared the winner in the 18 chairmanship seats, some aggrieved candidates of other political parties, who participated in the election, are still unable to file petitions against the election.
Labour Party chairmanship candidate for Oredo Local Government Area in the September 2 election, Daniel Ero, has called for the immediate establishment of the Local Government Election Tribunal in the State.
Ero, in a letter to the Chief Judge of Edo State, expressed deep concern and growing frustration regarding the delayed establishment of the Tribunal.
The letter seen by THEWILL, titled “URGENT REQUEST FOR THE IMMEDIATE ESTABLISHMENT OF A LOCAL GOVERNMENT ELECTION TRIBUNAL IN LINE WITH SECTION 78 OF THE EDO STATE LOCAL GOVERNMENT ELECTION LAW, 2012,” described the delay as “not only a blatant disregard for the Edo State Local Government Election Law and the confidence reposed in the Judiciary to safeguard our democratic principles, it is also a breach of my constitutional right of access to court.”
Dated September 13, the letter reads: “I am a concerned chairmanship candidate of the Labour Party in the recently concluded Edo State Local Government elections, which took place on Saturday, September 2, 2023, and the results were declared on Sunday, September 3, 2023, and I write in respect of the above subject.
“I am writing to express my deep concern and growing frustration regarding the delayed establishment of a Local Government Election Tribunal to entertain election petitions emanating from the Local Government elections as mandated by Section 78 of the Edo State Local Government Election Law, 2012 (as amended).
“As you are undoubtedly aware, Section 78 of the Edo State Local Government Election Law, 2012, unequivocally obligates you, My Lord, the Honourable, the Chief Judge of Edo State, to establish election tribunals promptly after an election to address and resolve disputes arising from the electoral process. This provision is not merely a legal formality but a fundamental pillar of our democratic system, essential for ensuring fairness, justice, and the rule of law.
“The recently held Edo State Local Government elections were marred by voter suppression, violence, and serious irregularities. The elections have, therefore, raised serious disputes and grievances among the candidates, including myself, who participated in this crucial democratic exercise. It is in this regard that I promptly informed my legal team to take steps to challenge the overall conduct and outcome of the elections.
“Regrettably, 10 (ten) days (and counting) after the official declaration of the election results by the Edo State Independent Electoral Commission (EDSIEC) on September 3, 2023, there has been no official proclamation from Your Lordship toward the establishment of the mandated Local Government Election Tribunal.
“If indeed a Local Government Election Tribunal has been established, this information has not been made public. My lawyers also confirm that they have made inquiries at the Edo State Judiciary Headquarters and that there is an office or registry for receiving election petitions.
“As a result, I have been unable to exercise my right of access to a court of competent jurisdiction within a reasonable time to ventilate my claims and seek redress
“This delay is not only a blatant disregard for the Edo State Local Government Election Law and the confidence reposed in the Judiciary to safeguard our democratic principles, it is also a breach of my constitutional right of access to court. This is in view of the fact that Section 85 of the same Edo State Local Government Election Law, 2012, provides aggrieved candidates with a limited timeframe of 30 days to file their petitions. With each passing day, the precious time for petitioners to seek redress is slipping away, and this egregious lapse threatens to undermine the very foundations of justice and fairness in our Electoral process.
“The establishment of the Local Government Election Tribunal is a mandate bestowed on Your Lordship by the Constitution. It is, therefore, my firm expectation, as well as that of other contestants in the just concluded Local Government elections and the Edo State electorates at large, that this Tribunal would have been set up long before the day of the elections and kicked into operation immediately following the declaration of the election results
“My Lord, it is my fervent hope that you do not intend to shirk this all-important responsibility bestowed on you by our very Constitution and that you shall take immediate steps, without further delay, to set up and communicate the setting up of the Edo State Local Government Election Tribunal, to all relevant parties and the citizens of Edo State as a matter of utmost urgency
“I thank Your Lordship in anticipation of your immediate attention to this pressing matter.”
Almost two weeks after the Local Government election in Edo State, the Chief Judge (CJ) of the State had yet to Constitute a Local Government Election Tribunal.
THEWILL reports that the Edo State Independent Electoral Commission (EDSIEC), on September 2, had conducted council polls across the 18 Local Government Areas in the State.
While the Peoples Democratic Party (PDP) was declared the winner in the 18 chairmanship seats, some aggrieved candidates of other political parties, who participated in the election, are still unable to file petitions against the election.
Labour Party chairmanship candidate for Oredo Local Government Area in the September 2 election, Daniel Ero, has called for the immediate establishment of the Local Government Election Tribunal in the State.
Ero, in a letter to the Chief Judge of Edo State, expressed deep concern and growing frustration regarding the delayed establishment of the Tribunal.
The letter seen by THEWILL, titled “URGENT REQUEST FOR THE IMMEDIATE ESTABLISHMENT OF A LOCAL GOVERNMENT ELECTION TRIBUNAL IN LINE WITH SECTION 78 OF THE EDO STATE LOCAL GOVERNMENT ELECTION LAW, 2012,” described the delay as “not only a blatant disregard for the Edo State Local Government Election Law and the confidence reposed in the Judiciary to safeguard our democratic principles, it is also a breach of my constitutional right of access to court.”
Dated September 13, the letter reads: “I am a concerned chairmanship candidate of the Labour Party in the recently concluded Edo State Local Government elections, which took place on Saturday, September 2, 2023, and the results were declared on Sunday, September 3, 2023, and I write in respect of the above subject.
“I am writing to express my deep concern and growing frustration regarding the delayed establishment of a Local Government Election Tribunal to entertain election petitions emanating from the Local Government elections as mandated by Section 78 of the Edo State Local Government Election Law, 2012 (as amended).
“As you are undoubtedly aware, Section 78 of the Edo State Local Government Election Law, 2012, unequivocally obligates you, My Lord, the Honourable, the Chief Judge of Edo State, to establish election tribunals promptly after an election to address and resolve disputes arising from the electoral process. This provision is not merely a legal formality but a fundamental pillar of our democratic system, essential for ensuring fairness, justice, and the rule of law.
“The recently held Edo State Local Government elections were marred by voter suppression, violence, and serious irregularities. The elections have, therefore, raised serious disputes and grievances among the candidates, including myself, who participated in this crucial democratic exercise. It is in this regard that I promptly informed my legal team to take steps to challenge the overall conduct and outcome of the elections.
“Regrettably, 10 (ten) days (and counting) after the official declaration of the election results by the Edo State Independent Electoral Commission (EDSIEC) on September 3, 2023, there has been no official proclamation from Your Lordship toward the establishment of the mandated Local Government Election Tribunal.
“If indeed a Local Government Election Tribunal has been established, this information has not been made public. My lawyers also confirm that they have made inquiries at the Edo State Judiciary Headquarters and that there is an office or registry for receiving election petitions.
“As a result, I have been unable to exercise my right of access to a court of competent jurisdiction within a reasonable time to ventilate my claims and seek redress
“This delay is not only a blatant disregard for the Edo State Local Government Election Law and the confidence reposed in the Judiciary to safeguard our democratic principles, it is also a breach of my constitutional right of access to court. This is in view of the fact that Section 85 of the same Edo State Local Government Election Law, 2012, provides aggrieved candidates with a limited timeframe of 30 days to file their petitions. With each passing day, the precious time for petitioners to seek redress is slipping away, and this egregious lapse threatens to undermine the very foundations of justice and fairness in our Electoral process.
“The establishment of the Local Government Election Tribunal is a mandate bestowed on Your Lordship by the Constitution. It is, therefore, my firm expectation, as well as that of other contestants in the just concluded Local Government elections and the Edo State electorates at large, that this Tribunal would have been set up long before the day of the elections and kicked into operation immediately following the declaration of the election results
“My Lord, it is my fervent hope that you do not intend to shirk this all-important responsibility bestowed on you by our very Constitution and that you shall take immediate steps, without further delay, to set up and communicate the setting up of the Edo State Local Government Election Tribunal, to all relevant parties and the citizens of Edo State as a matter of utmost urgency
“I thank Your Lordship in anticipation of your immediate attention to this pressing matter.”
Meanwhile, the Edo State Commissioner for Communication and Orientation, Chris Nehikhare and Registrar of the Edo State High Court, Mr. Benson Osawaru, have both said the Local Government Election Petition Tribunal has been constituted with Hon. Justice H. Momodu as Chairman.
In separate phone conversations with THEWILL, they said the tribunal has been assigned Court 2 in the Civil Courts located inside the High Court premises on Sapele Road in the State capital, Benin City. They debunked the allegation suggesting that the Chief Judge of the State, Justice Daniel Iyobosa Okungbowa, was stalling the constitution of the panel.
As at the time of writing, THEWILL can report that the tribunal had not formally commenced proceedings.
