A Federal High Court in Abuja has dismissed a suit filed by the Peoples Democratic Party, seeking to stop the Kwara State Independent Electoral Commission from conducting local government elections in Kwara State. The court, presided over by Justice Peter Odolifu, ruled that the suit was statute-barred and an abuse of the process of the court. The suit, which was commenced by originating summons, sought an order restraining KWASIEC from conducting the last LG elections in Kwara State.
The court initially made an order for the maintenance of the status quo, which was subsequently vacated, allowing the local government elections to be conducted while the substantive suit was still pending. The Peoples Democratic Party participated fully in the electoral process and filed 24 election petitions, all of which were dismissed. The party then applied to amend its originating summons to seek an order nullifying the said elections. However, the court held that the amendment fundamentally altered the character of the action.
The court noted that the suit, which was originally a pre-election matter, was transformed into a post-election claim, which ought to have been an election petition. As such, the court lacked jurisdiction to sit as an election tribunal. The court also held that the suit was caught by the statutory limitation period and was therefore statute-barred. The defendants had filed a preliminary objection, arguing that the suit constituted an abuse of the process of the court.
The court upheld the defendants' preliminary objection, noting that the plaintiff had voluntarily participated in the local government elections and presented election petitions, which were all dismissed. The court held that it was impermissible for the plaintiff to return to the court, by way of an amended originating summons, to seek reliefs that it could no longer obtain through the election petition process.
The plaintiff was represented by Mayor Eze, while the defendants included the Independent National Electoral Commission, KWASIEC, and the Attorney-General of Kwara State. The Special Adviser to the Governor of Kwara State on Legal Matters, Sambo Muritala, was an observer. The court's judgment was delivered on Monday, October 6, 2026.
The dismissal of the suit paves the way for the Kwara State Independent Electoral Commission to continue with its electoral activities without any legal hindrance. The commission had been seeking to conduct the local government elections, and the court's judgment has given it the green light to do so.
The case highlights the importance of respecting the statutory limitation period and the jurisdiction of the courts. The court's decision also underscores the need for parties to exhaust all available avenues of redress before approaching the court.
Key points
- The Federal High Court in Abuja has dismissed a suit seeking to stop the Kwara State Independent Electoral Commission from conducting local government elections.
- The court held that the suit was statute-barred and an abuse of the process of the court.
- The dismissal paves the way for the commission to continue with its electoral activities.
