The All Progressives Grand Alliance (APGA) has asked the Imo State High Court in Owerri to stop the State Independent Electoral Commission (ISIEC) from conducting the state’s local government elections scheduled for September 26, 2026.
The party, in a suit filed before the court, is challenging the legality of the electoral process, alleging that ISIEC failed to comply with mandatory provisions governing the conduct of local government elections.
The suit, marked HOW/1380/2026, was filed on September 16 by APGA and four of its Imo State executives: the State Chairman, Hon. John C. Iwuala; State Organising Secretary, Engr. Udensi Samuel Iheanyi; State Secretary, Pastor Alphonsus Eberendu; and State Woman Leader, Hon. Mrs. Nkasi Obi.
Named as defendants are ISIEC, its chairman and the Attorney-General of Imo State.
The plaintiffs are asking the court to declare the electoral process unlawful and restrain the electoral commission from proceeding with the September 26 poll pending the determination of the suit.
At the centre of the case is an alleged defect in the notice issued by ISIEC for the eelection APGA contends that the 360-day Notice of Election issued by ISIEC on September 18, 2025, and published in the Whitepaper Newspaper, failed to specify the date on which the election would take place.
The party argues that the omission rendered the notice invalid because Section 28 of the Electoral Act requires a valid statutory notice to contain the date fixed for the election.
According to the plaintiffs, ISIEC subsequently issued a press release on September 11, 2026, announcing September 26 as the election date.
They contend that the announcement, made only about 15 days before the proposed election, could not retrospectively cure what they described as a defective statutory notice issued in September 2025.
APGA is also challenging the legal basis for continuing the electoral process under the Electoral Act 2022, arguing that the legislation had been repealed by the Electoral Act 2026, which commenced on February 18, 2026.
The plaintiffs maintained that ISIEC must demonstrate that the ongoing electoral process complies with the provisions of the 2026 law.
They are also relying on provisions relating to the voters’ register, arguing that statutory requirements concerning the cessation of voter registration, updating and revision of the register were not complied with.
The party said it had not been provided with satisfactory documentary evidence showing when the registration and revision of the voters’ register ended or with the certified register of voters to be used for the September 26 election.
APGA cited the Supreme Court’s decision in All Progressives Congress v. Rivers State Independent Electoral Commission & Ors., which it said nullified the Rivers State local government elections over non-compliance with mandatory electoral requirements.
The plaintiffs argued that the decision established the importance of compliance with statutory requirements relating to the notice of election, voters’ register and the prescribed period for cessation of voter registration.
They further contended that Section 153 of the Electoral Act 2026 incorporates the statutory procedure governing Area Council elections in the Federal Capital Territory into the regulation of local government elections conducted by State Independent Electoral Commissions.
The party is asking the court to determine whether the defendants can lawfully proceed with the Imo elections without establishing compliance with those requirements.
In an interlocutory application, APGA is seeking an order restraining ISIEC and its chairman from conducting the September 26 election pending the determination of the substantive suit.
The application, brought pursuant to Order 38 Rule 8 of the Imo State High Court (Civil Procedure) Rules 2017 and relevant constitutional provisions, is supported by a 42-paragraph affidavit sworn to by Iheanyi.
The plaintiffs argued that their case raises serious questions requiring judicial determination and that allowing the election to proceed could create consequences that damages may not adequately remedy.
They are also asking the court to preserve the status quo because of the proximity of the election date. The interlocutory application has been fixed for hearing on Wednesday, September 23, 2026, just three days before the scheduled poll.
Meanwhile, APGA’s counsel, Chief C.I. Asika Ilobi of Fidelis Asika Ilobi & Co., has written to the Imo State Attorney-General notifying him of the pending proceedings and urging the government not to proceed with the election until the court determines the issues raised.
The letter, dated September 18, cited the Supreme Court decision in Military Governor of Lagos State & Ors. v. Chief Emeka Odumegwu Ojukwu & Anor., warning against taking steps that could undermine pending judicial proceedings.
In its substantive suit, APGA is seeking declarations that the September 18, 2025 notice was invalid, that the September 11, 2026 press release could not retrospectively validate it, and that the electoral process must comply with the Electoral Act 2026.
The party is also asking the court to order ISIEC to produce the original or certified copies of the 2025 notice, the September 11 press release, the certified voters’ register and other documents relied upon to establish the legality and continuity of the electoral process.
It further seeks a perpetual injunction restraining the defendants from conducting the election under the disputed process unless and until a fresh lawful electoral process is commenced and completed.
