“Guidelines Are Not Law”: Imo Court Dismisses Challenge To September Local Elections

This ruling was part of a 45-minute judgment delivered by Justice Iheka in suit number HOW/1051/2024, instituted by Nze Greg Anyanwu and the Action Alliance (AA) against the Imo State Independent Electoral Commission (ISIEC), challenging the September 21, 2024, local council poll in the state.

Iheka stated: “The guidelines are made pursuant to paragraph 32 of Schedule IV of the Imo State Electoral Law No. 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 legislation and, therefore, not a law for the conduct of the elections. Law No. 5 of 2001 is the enabling legislation or law of the state for the conduct of local government council elections.”

Continuing, Justice Iheka stated: “Section 2 of the principal law, Law No. 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 provisions of this law.’

“The oral submission of the plaintiff’s counsel regarding the unconstitutionality of the amendment of the law—divesting the Chief Judge of the state and vesting in the Governor the power to appoint the Chairman and members of the Election Tribunal—does not warrant the dissipation of my time and energy in this judgment, as the issue is not for determination before me in this matter.

“On issue number one in this case, I hold that the question raised in the originating summons is misconceived both in law and fact. I also hold 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 and in favor of the defendant. I, therefore, hold that the provisions 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, render any alleged noncompliance with these guidelines immaterial and insubstantial in invalidating the election or the electoral process.

“On the whole, this suit fails, and the claim of the plaintiff is hereby dismissed. I assess costs at N500,000 against the plaintiffs in favor of the defendant.”