Guidelines for LG poll has no force of law – Justice Iheka
An Imo State High Court, presided over by Justice Ben C. Iheka, has ruled that provisions in the guidelines for the conduct of local government elections in the state have no force of law.
This ruling was part of a 45-minute judgment delivered by Justice Iheka in a suit, HOW/1051/2034, instituted by Nze Greg Anyanwu and Action Alliance, AA, against Imo State Independent Electoral Commission, ISIEC, challenging the September 21, 2024, local council poll in the state.
Iheka said: “The guidelines are made pursuant to paragraph 32 of Schedule iv of the Imo State Electoral Law number 5, 2001, as variously amended.
“Guideline, by the definition of the New Webster’s Dictionary of the English Language, International Edition, is ‘officially declared, but not legislated limitations…as instructions for a procedure’.
“In effect, it is not a legislation and therefore, not a law for the conduct of the elections. The Law number 5 of 2001, is the enabling legislation or Law of the state in the conduct of the local government council elections.”
Continuing, Justice Iheka said: “Section 2 of the principal Law, Law number 5 of 2001, provides that: ‘Notwithstanding any provisions to the contrary in any other enactment or law, the conduct of elections under this Law, shall be under the direction, organization and supervision of the Commission and in accordance with the provision of this Law’.
“The oral submission of the plaintiff’s counsel on the unconstitutionality of the amendment of the law, divesting the Chief Judge of the state, and vesting it in the Governor of the state, the power of appointing the Chairman and members of the Election Tribunal, does not deserve the dissipation of my time and energy to discuss in this judgment, as the issue is not for determination before me, in this matter.
“On issue number one, in this case before me, I hold that the question raised in the originating summons on the issue is misconceived both in law and facts and that the Local Government Council Election Tribunal for the local government council election, held in Imo State on September 21, 2024, was duly constituted in accordance with the extant law in Imo State.
“The issue is resolved against the plaintiff in favour of the defendant. I, therefore, hold that the provision of the Guidelines for the conduct of the 2024 local government council election in Imo State, not being legislation or law, regulating the conduct of the said election, noncompliance as alleged in this case or at all with the provision is immaterial and non-substantial to invalidate the election or electoral process.
“On the whole, this suit fails and the claim of the plaintiff is hereby dismissed. I assess cost at N500,000 against the plaintiffs, in favour of the defendant.”