The All Progressives Grand Alliance (APGA) has filed a suit at the High Court of Imo State, seeking to stop the Imo State Independent Electoral Commission (ISIEC) from conducting local government council elections scheduled for September 26, 2026. The plaintiffs, including APGA and four of its Imo State executives, argue that the electoral process is unlawful due to fundamental statutory defects. They claim the notice of election issued by ISIEC on September 18, 2025, was invalid as it failed to state the election date.
According to the plaintiffs, the subsequent press release on September 11, 2026, fixing the election date, was issued only 15 days before the poll and cannot retrospectively cure the defective notice. They rely on a Supreme Court decision in All Progressives Congress v. Rivers State Independent Electoral Commission, which nullified the Rivers State local government elections for non-compliance with statutory provisions of the Electoral Act. The plaintiffs argue that statutory electoral requirements, including the notice of election and the register of voters, are conditions precedent to a valid election.
The plaintiffs also contend that the Electoral Act, 2022, under which the notice was issued, has been repealed by Section 154 of the Electoral Act, 2026. They argue that ISIEC cannot lawfully continue the electoral process without demonstrating compliance with the extant Electoral Act, 2026. A central plank of the plaintiffs' case is Section 153 of the Electoral Act, 2026, which incorporates the procedure regulating elections to Area Councils in the Federal Capital Territory and applies it to local government elections.
The plaintiffs raise serious questions about compliance with statutory requirements governing the Register of Voters. They argue that the 90-day period for cessation of registration, updating, and revision of the register fell on or about June 28, 2026. They claim they have not been furnished with satisfactory documentary evidence establishing the date upon which registration ceased, nor have they been provided with the certified Register of Voters intended to be used for the election.
The plaintiffs are seeking an order of interlocutory injunction restraining ISIEC and its Chairman from proceeding with the election pending the determination of the substantive suit. They argue that there is a serious question to be tried, that the balance of convenience favours preserving the status quo, and that damages cannot adequately compensate for the constitutional and statutory consequences of an unlawful election.
The plaintiffs' counsel has also written to the Attorney-General of Imo State, drawing attention to the pending suit and cautioning against proceeding with the election. The letter cites a Supreme Court decision warning that a party who has notice of pending proceedings seeking injunctive relief cannot proceed as though the proceedings do not exist. The motion for interlocutory injunction is fixed for hearing on September 23, 2026.
The suit has significant implications for the local government council elections in Imo State. If the court grants the plaintiffs' request, it could lead to a postponement or cancellation of the elections. The plaintiffs are urging the court to intervene urgently to prevent the election from being conducted before the legality of the process is judicially determined.
Key points
- APGA files suit to halt Imo State local government elections over alleged defects in notice and voter register.
- Plaintiffs argue that ISIEC's notice of election was invalid and that the electoral process is unlawful.
- The suit's outcome could significantly impact the local government council elections in Imo State.
