Edo State Independent Electoral Commission (EDSIEC), have been advised against going ahead with the illegality of conducting the April 19 Local Government elections in the state.
The warning was handed down through a letter dated 31st of March by Douglas Ogbankwa law firm acting as solicitors to Mr Nosakhare Uwagboe.
In the letter titled, “RE: 15 Days Notice To Conduct Local Government Elections In Edo State: Pre-Action Notice And Notice To Seek For An Order Of Mandamus On You To Do The Right Thing” was addressed to the Chairman of EDSIEC.
Uwagboe claimed that the electoral body acted outside the prescribed law for the minimum number of days for notices of election.
It further described the alleged amendment law to accommodate the short notice as “retroactive law” and an “anathema in our jurisprudential trajectory.”
It called on the Independent National Electoral Commission (INEC) not to be involved in the illegality being perpetuated by the EDSIEC in the conduct of the planned council poll in Edo.
The letter reads: “That your office recently issued a notice outside the minimum prescribed number of days for notice of election, purporting to do so pursuant to a clandestinely amended Law, which is not in public purview or in a public space.
“Your office gave 15 days notice which has no place in our body of laws. It is the contention of our client that you cannot shift the time for conduct of an election within a period less than the time prescribed for you to conduct the same election by the pre-existing law.
“We contend further on behalf of our client that this will amount to the purported amended law to be a retroactive law, which is an anathema in our jurisprudential trajectory.
“We are also calling on INEC not to issue you the voters’ register, as INEC cannot support an illegality. Our client hereby demands that you issue the appropriate notices as provided for by law.
“By the doctrine of covering the field, the federal law takes pre-eminence over your covertly purported amended law which is kept to the chest of the House of Assembly members as if it was part of their personal estate.”
Uwagboe warned that failure to do the right will necessitate him taking legal action against EDSIEC.
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