The All Progressives Grand Alliance (APGA) has filed an urgent suit at the High Court of Imo State, Owerri Judicial Division, seeking to stop the Imo State Independent Electoral Commission (ISIEC) from conducting the Local Government Council elections scheduled for Saturday, 26 September 2026.
In Suit No. HOW/1380/2026, filed on September 16, 2026, and obtained by SaharaReporters on Monday, the plaintiffs, APGA and four of its Imo State executives – Hon. John C. Iwuala (State Chairman), Engr. Udensi Samuel Iheanyi (State Organizing Secretary), Pastor Alphonsus Eberendu (State Secretary), and Hon. Mrs. Nkasi Obi (State Woman Leader), are asking the court to declare the entire electoral process unlawful and to restrain ISIEC from proceeding with the polls.
Joined as defendants in the suit are ISIEC, its Chairman and the Attorney-General of Imo State.
The plaintiffs’ case, anchored on an Originating Summons and a Motion on Notice for Interlocutory Injunction, rests on two fundamental statutory defects in the electoral process.
First, the plaintiffs contend that the “360 Days’ Notice of Election” issued by ISIEC on September 18, 2025 and published in the Whitepaper Newspaper was invalid because it failed to state the date appointed for the election. They argue that a Notice of Election which does not contain the election date cannot satisfy the mandatory requirements of Section 28 of the Electoral Act.
Second, the plaintiffs argue that the subsequent Press Release dated September 11, 2026, which fixed September 26, 2026 as the election date for the first time, was issued only about 15 days before the proposed poll. They contend that this cannot retrospectively cure or validate the defective September 18, 2025 instrument, nor can it satisfy the mandatory statutory timetable.
The plaintiffs relied on the Supreme Court decision in All Progressives Congress v. Rivers State Independent Electoral Commission & Ors. (2025) 7 NWLR (Pt. 1990) 551, delivered on 28 February 2025, which nullified the Rivers State Local Government elections for non-compliance with mandatory statutory provisions of the Electoral Act.
According to the plaintiffs, the Rivers case established that statutory electoral requirements, including the Notice of Election, the Register of Voters, and the 90-day period for cessation of registration, are conditions precedent to a valid election.
They argue that the Supreme Court held that “election begins with voters registration” and that failure to comply with these mandatory preconditions renders any resulting election invalid.
The plaintiffs also contend that the Electoral Act, 2022, under which the 18 September 2025 Notice was purportedly issued, has been repealed by Section 154 of the Electoral Act, 2026, which commenced on 18 February 2026.
They argue that ISIEC cannot lawfully continue an electoral process founded on a repealed statute 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 they argue incorporates the procedure regulating elections to Area Councils in the Federal Capital Territory and applies it with equal force to Local Government elections conducted by State Independent Electoral Commissions.
They contend that Section 153(3) expressly provides that any election conducted in violation of the incorporated procedure “shall be invalid.”
The plaintiffs also raise serious questions about compliance with the statutory requirements governing the Register of Voters. They argue that for an election scheduled for 26 September 2026, the statutory 90-day period for the cessation of registration, updating, and revision of the Register of Voters fell on or about June 28, 2026. They claim they have not been furnished with satisfactory documentary evidence establishing the date upon which registration, updating, and revision ceased, nor have they been provided with the certified Register of Voters intended to be used for the election.
In a Motion on Notice brought pursuant to Order 38 Rule 8 of the Imo State High Court (Civil Procedure) Rules 2017 and Section 6(6)(1)(a) & (b) of the 1999 Constitution, the plaintiffs are seeking an order of interlocutory injunction restraining ISIEC and its Chairman from proceeding with the 26 September 2026 election pending the determination of the substantive suit.
The motion, supported by a 42-paragraph affidavit sworn to by Engr. Udensi Samuel Iheanyi, argues that there is a serious question to be tried, that the balance of convenience favours preserving the status quo, that damages cannot adequately compensate for the constitutional and statutory consequences of an unlawful election, and that the application was brought promptly given the imminent election date.
The plaintiffs’ counsel, Chief C.I. Asika Ilobi of Fidelis Asika Ilobi & Co., has also written a formal letter to the Honourable Attorney-General of Imo State, drawing attention to the pending suit and cautioning against proceeding with the election.
The letter, dated September 18, 2026, which SaharaReporters obtained on Monday, cites the Supreme Court decision in Military Governor of Lagos State & Ors. v. Chief Emeka Odumegwu Ojukwu & Anor. (1986) 1 NWLR (Pt. 18) 621, warning that a party who has notice of pending proceedings seeking injunctive relief cannot proceed as though the proceedings do not exist.
The letter states: “No person, however highly placed, and no authority of Government, can dare or treat with disdain the judicial powers of the High Court of Imo State. The authority of the Court cannot be subordinated to the convenience of any party, administrative decision or electoral timetable.”
The motion for interlocutory injunction is fixed for hearing on Wednesday, 23 September 2026, barely three days before the scheduled election. 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.
In the substantive Originating Summons, the plaintiffs are seeking, among other reliefs:
“A declaration that the 18 September 2025 instrument is invalid and incapable of constituting a valid statutory Notice of Election.
“A declaration that the 11 September 2026 instrument cannot retrospectively cure the defective 18 September 2025 instrument.
“A declaration that the repeal of the Electoral Act, 2022, does not permit the defendants to continue the electoral process except in accordance with the Electoral Act, 2026.
“A declaration that by virtue of Section 153 of the Electoral Act, 2026, the statutory procedure regulating Area Council elections applies with equal force to the Imo State Local Government elections.
“A declaration that the defendants cannot lawfully conduct the election without first establishing compliance with the statutory requirements governing the Register of Voters.
“An order directing the defendants to produce the original or certified true copies of the 18 September 2025 Notice, the 11 September 2026 Press Release, the certified Register of Voters, and all documents relied upon to establish the legal continuity of the electoral process.
“An order of perpetual injunction restraining the defendants from conducting any election into the Local Government Councils of Imo State pursuant to the impugned electoral process unless and until a lawful electoral process has been commenced and completed in accordance with the law.”
As of the time of filing this report, there is no indication that the Defendants have filed a response to the Originating Summons or the Motion on Notice.
Meanwhile, the case raises significant questions about the integrity of the electoral process in Imo State and the extent to which State Independent Electoral Commissions are bound by the mandatory provisions of the Electoral Act, 2026, particularly in light of the Supreme Court’s decision in the Rivers State case.
The outcome of the interlocutory application on September 23, 2026 will determine whether the election proceeds as scheduled or is halted pending the determination of the substantive suit.
(SaharaReporters)
