The Court of Appeal, Enugu Division, has upheld the earlier ruling of the Federal High Court in Abakaliki, nullifying the Local Government elections held in Ebonyi State. On Thursday, Justice Joseph Ekanem, delivering the lead judgment, dismissed three appeals filed by the Ebonyi State Government, the Central Bank of Nigeria (CBN), and local government chairmen, all of whom were contesting the decision of the Federal High Court.
The Appeal Court ruled that the judgment handed down by Justice R. O. Riman of the Federal High Court Abakaliki remains valid and enforceable. The court further clarified that the judgment in case FHC/AI/CS/224/2022, which was challenged in the appeals, was intended to enforce compliance with an earlier ruling in FHC/AI/CS/151/2022. Contrary to the appellants’ arguments, the Court emphasized that the previous judgment was in line with the need for legal compliance, and as such, the appeals were dismissed for being filled with an excessive number of issues, rendering the brief of argument incompetent.
In the first appeal, identified as Appeal No. CA/E/381/2022, involving Hon. Nwogba Ebere Oboh & 12 others versus Otu Collins Eleri and 12 others, the Court maintained the nullification of the LGA polls.
The second appeal, with case number CA/E/176/2023, was filed by the CBN against Otu Collins Eleri and 22 others. In this instance, the Court of Appeal partly ruled in favor of the appellants, affirming that there should be no obstruction in the release of Local Government funds from the Federation Account. However, the court stipulated that the funds should not be used by those who were not lawfully elected.
The third appeal, CA/E/266/2023, brought by the Governor of Ebonyi State and two others against Otu Collins Eleri and 22 others, was also dismissed. The Court found that the judgment from FHC/AI/CS/151/2022, which invalidated the Local Government Chairmanship and Councillorship elections held on July 30, 2022, still stands and is binding.
This ruling has left many residents questioning the impact of the decision, especially considering that the tenure of the local government officials has already ended and another election has since been held. The implications of the judgment remain unclear, but it raises concerns about the legal validity of the new election process and the status of funds allocated for the local government administration.