Justice Mary Itsueli of a Benin City, Edo State High Court, has restrained the State Independent Electoral Commission (EDSIEC) and the State Government from conducting local government by-elections into 59 wards of the state.
The Edo State Attorney General and Commissioner for Justice is also a party to the suit.
EDSIEC hadx scheduled the by-election to hold on Saturday, September 20, 2025.
Itsueli who who is a vacation judge, granted the order on Tuesday, September 16, 2025, following an ex-parte motion brought by the Peoples Democratic Party (PDP).
The PDP, through its Counsel, Oluwole Osaze Uzzi, Michael Ekwemuka and P. W. Akwuen, in the suit marked B/247M/2025, had prayed the court for leave to apply for judicial review of EDSIEC’s decision to conduct by-elections to fill councillorship positions in the affected wards.
The party argued that the councillors’ tenures remain valid until September 2026, thereby making any attempt to declare their seats vacant unlawful.
Justice Itsueli, who held that the applicants had shown sufficient grounds for the court to intervene, also referred the matter to the Chief Judge of Edo State for reassignment to a regular court, fixing September 30, 2025, for the return date.
In the enrolment order, the PDP sought “An Order granting leave to the Applicant to apply for judicial review of the decision of the 1st Respondent to conduct election across 59 wards purportedly to fill vacancies to their legislative seats/offices of Councillors sponsored by the Applicant, when their respective tenures subsist until September, 2026.”
The party also asked the court to grant “An Order that the Respondents stay further action and be restrained from conducting the election or taking any further steps in connection with the planned Local Government by election across 59 wards in Local Government Areas of Edo State, particularly as it relates to the seats/offices of the duly elected Councillors in their respective Wards, pending the hearing and determination of the Originating Motion on notice for judicial review to be filed pursuant to the grant of leave.”
Having duly considered the application and submission of the Counsels to the PDP, the Court ordered that “The applicants are granted leave to apply for Judicial review of the decision of the 1st Respondent to conduct by elections across 59 Wards, purportedly to fill vacancies in the legislative seats/offices of Councillors sponsored by the Applicant, when their respective tenures subsist until September, 2026.”
The Court also ordered that the “Respondents are to stay further actions and are restrained from conducting the election or taking any further steps in connection with the planned Local Government by-election across 59 wards in the Local Government Area of Edo State, particularly as it relates to the seats/offices of the duly elected Councillors in their respective wards, pending the hearing and determination of the originating motion on notice for Judicial review to be filed pursuant to the grant of leave.”
She added: “This case is referred to the Honourable Chief Judge for assignment to a regular court. Return d
ate is 30th September 2025”.