The motion was filed in the Federal High Court of Nigeria, specifically in the Abuja Judicial Division. It is brought forth by plaintiffs Edema Omoley Felix and Imasuen Kate against several defendants, including the Independent National Electoral Commission (INEC) and Edo State Independent Electoral Commission (EDSIEC), relating to the Edo State Local Government Council Elections held on September 2, 2023.
Here’s a brief analysis of the key points:
Legal Basis: The motion is brought pursuant to Order 28 Rule 10 of the Federal High Court Civil Procedure Rules, 2019, and the inherent jurisdiction of the court as specified in Section 6(6) of the 1999 Constitution of Nigeria (as amended). This sets the legal framework for the motion.
Reliefs Sought: The plaintiffs seek an order from the court to set aside the Edo State Local Government Council Elections held on September 2, 2023. They argue that these elections were conducted despite the knowledge of the pending lawsuit, which they claim is an attempt to undermine the authority of the court.
Legal Grounds: The document outlines the legal grounds for this application, which includes the plaintiffs’ initiation of the suit through an Originating Summons filed on August 16, 2023, seeking interpretation of sections of the Electoral Act, 2022. It also states that the defendants were served with the relevant court documents on August 29, 2023, yet proceeded with the elections. This, according to the plaintiffs, constitutes a direct affront to the court’s authority.
Further Orders: The plaintiffs request that the court consider any further orders it deems appropriate in this situation. This leaves room for the court’s discretion in determining how to address the matter.
Representation: The document is signed by several legal representatives, indicating that the plaintiffs are well-represented in this legal action.
Overall, this legal motion highlights a dispute over the conduct of elections in Edo State and whether they should be invalidated due to the pending legal proceedings. It is now up to the court to review the arguments presented and make a decision based on the law and evidence provided by both parties.