The Edo State High Court sitting in Benin City has issued a restraining order against the Edo State Independent Electoral Commission (EDSIEC), stopping it from conducting by-elections across 59 wards scheduled for Saturday, September 20, 2025.
The ruling was delivered by Justice Mary Itsueli, sitting as a vacation judge, in an ex-parte motion filed by the Peoples Democratic Party (PDP).
The PDP, through its legal team comprising Oluwole Osaze Uzzi, Michael Ekwemuka, and P. W. Akwuen, argued that the councillors whose seats were declared vacant by the Edo State House of Assembly still have valid tenures until September 2026.
They maintained that EDSIEC’s planned by-elections were unlawful, as the legislative seats in question were not legally vacant.
“Any attempt to declare the councillors’ seats vacant and conduct elections to fill them is premature and unlawful,” the PDP stated in its application for judicial review.
In her ruling, Justice Itsueli granted the PDP leave to apply for judicial review and issued an interim order restraining EDSIEC from conducting or taking any further steps toward the planned by-elections.
“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… pending the hearing and determination of the originating motion on notice,” Justice Itsueli ruled.
The judge also referred the case to the Chief Judge of Edo State for assignment to a regular court, and set September 30, 2025, as the return date for the matter.
Last month, the Edo State House of Assembly passed a resolution directing EDSIEC to organize by-elections, alleging that some elected councillors had abandoned their duties. The Commission responded by fixing elections for Saturday, September 20.
