By Ogochukwu Isioma
The Federal High Court sitting in Abuja July 27th, 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 the grounds of objection to the jurisdiction of the Honourable Court and proceeded to determine the substantive suit.
The Learned 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 Learned 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.
