Reported by: Oahimire Omone Precious | Edited by: Oravbiere Osayomore Promise.
The All Progressives Grand Alliance has launched an urgent legal challenge to stop the Imo State Independent Electoral Commission from conducting the Local Government Council elections scheduled for Saturday, September 26, 2026, alleging fundamental statutory defects that render the entire process unlawful. In Suit No. HOW/1380/2026, filed on September 16 at the High Court of Imo State, Owerri Judicial Division, APGA and four of its state executives—State Chairman Hon. John C. Iwuala, State Organizing Secretary Engr. Udensi Samuel Iheanyi, State Secretary Pastor Alphonsus Eberendu, and State Woman Leader Hon. Mrs. Nkasi Obi—are asking the court to declare the electoral process invalid and restrain ISIEC from proceeding with the polls. Joined as defendants are ISIEC, its Chairman, and the Attorney-General of Imo State.
The plaintiffs' case rests on two fundamental defects. First, they argue that the "360 Days' Notice of Election" issued by ISIEC on September 18, 2025, and published in the Whitepaper Newspaper, was invalid because it failed to state the date appointed for the election. They contend that a Notice of Election which does not contain the election date cannot satisfy the mandatory requirements of Section 28 of the Electoral Act. Second, they argue that the subsequent press release dated September 11, 2026, which fixed September 26 as the election date for the first time, was issued only about 15 days before the proposed poll. That, they say, cannot retrospectively cure or validate the defective September 18, 2025 instrument.
ISIEC had announced on September 11 that elections into the 27 Local Government Area chairmanship positions and 305 ward councillorship positions would hold on September 26, 2026, across 4,758 polling units. The ISIEC Chairman, Charles Ejiogu, said the date was in line with the commission's 360-day Notice of Election issued on September 18, 2025, pursuant to Section 28(1) of the Electoral Act 2022, as amended. APGA, however, contends that the Electoral Act 2022, under which the 2025 notice was purportedly issued, has been repealed by Section 154 of the Electoral Act 2026, which commenced on February 18, 2026. They argue that ISIEC cannot lawfully continue an electoral process founded on a repealed statute without demonstrating compliance with the extant Electoral Act 2026.
A central plank of APGA's case is Section 153 of the Electoral Act 2026, which they argue incorporates the procedure regulating Area Council elections in the Federal Capital Territory and applies it with equal force to Local Government elections conducted by State Independent Electoral Commissions. Section 153(3), they contend, expressly provides that any election conducted in violation of the incorporated procedure "shall be invalid." The plaintiffs are relying on the Supreme Court decision in All Progressives Congress v. Rivers State Independent Electoral Commission & Ors. (2025) 7 NWLR (Pt. 1990) 551, delivered on February 28, 2025, which nullified the Rivers State Local Government elections for non-compliance with mandatory statutory provisions of the Electoral Act. According to APGA, the Rivers case established that statutory electoral requirements, including the Notice of Election, the Register of Voters, and the 90-day period for cessation of registration, are conditions precedent to a valid election. They argue that the Supreme Court held that "election begins with voters registration" and that failure to comply with these mandatory preconditions renders any resulting election invalid.
The plaintiffs also raise serious questions about compliance with the statutory requirements governing the Register of Voters. They argue that for an election scheduled for September 26, 2026, the statutory 90-day period for the cessation of registration, updating, and revision of the Register of Voters fell on or about June 28, 2026. They claim they have not been furnished with satisfactory documentary evidence establishing the date upon which registration, updating, and revision ceased, nor have they been provided with the certified Register of Voters intended to be used for the election.
In a Motion on Notice brought pursuant to Order 38 Rule 8 of the Imo State High Court (Civil Procedure) Rules 2017 and Section 6(6)(1)(a) & (b) of the 1999 Constitution, APGA is seeking an order of interlocutory injunction restraining ISIEC and its Chairman from proceeding with the September 26 election pending the determination of the substantive suit. The motion, supported by a 42-paragraph affidavit sworn to by Engr. Udensi Samuel Iheanyi, argues that there is a serious question to be tried, that the balance of convenience favours preserving the status quo, that damages cannot adequately compensate for the constitutional and statutory consequences of an unlawful election, and that the application was brought promptly given the imminent election date.
APGA's counsel, Chief C.I. Asika Ilobi of Fidelis Asika Ilobi & Co., has written a formal letter to the Attorney-General of Imo State, drawing attention to the pending suit and cautioning against proceeding with the election. The letter, dated September 18, 2026, cites the Supreme Court decision in Military Governor of Lagos State & Ors. v. Chief Emeka Odumegwu Ojukwu & Anor. (1986) 1 NWLR (Pt. 18) 621, warning that a party who has notice of pending proceedings seeking injunctive relief cannot proceed as though the proceedings do not exist. The letter states: "No person, however highly placed, and no authority of Government, can dare or treat with disdain the judicial powers of the High Court of Imo State. The authority of the Court cannot be subordinated to the convenience of any party, administrative decision or electoral timetable."
The motion for interlocutory injunction is fixed for hearing on Wednesday, September 23, 2026, barely three days before the scheduled election. APGA is urging the court to intervene urgently to prevent the election from being conducted before the legality of the process is judicially determined. In the substantive Originating Summons, the plaintiffs are seeking declarations that the September 18, 2025 instrument is invalid and incapable of constituting a valid statutory Notice of Election, that the September 11, 2026 instrument cannot retrospectively cure the defective notice, and that the repeal of the Electoral Act 2022 does not permit the defendants to continue the electoral process except in accordance with the Electoral Act 2026. They are also seeking an order directing the defendants to produce the original or certified true copies of the September 18, 2025 Notice, the September 11, 2026 Press Release, the certified Register of Voters, and all documents relied upon to establish the legal continuity of the electoral process, as well as an order of perpetual injunction restraining the defendants from conducting any election into the Local Government Councils of Imo State pursuant to the impugned electoral process.
The lawsuit adds to the mounting tension surrounding the Imo LG elections. The Forum of Political Parties State Chairmen in Imo State had earlier rejected the proposed September 26 elections, accusing the state government of plotting to conduct the polls without due process. In a statement issued on September 12, the Forum alleged that ISIEC intended to announce LGA chairmen with just a two-week notice. "Imo LGA election will not hold," the Forum declared. The legal challenge by APGA is the most significant opposition to the polls so far, and the court's decision on September 23 will determine whether the election proceeds as scheduled or is halted pending a full determination of the statutory issues raised. For now, the people of Imo State wait to see whether the judiciary will intervene to stop an election that APGA claims is built on a defective foundation.
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