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Anambra commission stands firm on August 29 poll date amid legal challenge

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Anambra commission stands firm on August 29 poll date amid legal challenge
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The Anambra State Independent Electoral Commission has reiterated its commitment to holding the state's local government elections as scheduled on August 29, notwithstanding a legal challenge by 56 serving councillors regarding the tenure of elected council officials.

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ANSIEC Chairman, Genevieve Osakwe, made this disclosure in Awka on Monday, stating that the commission is working diligently to ensure that election preparations remain on track.

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A suit has been filed by the councillors before the Anambra State High Court in Awka, challenging the state government's decision to limit the tenure of elected local government officials to two years, citing a conflict with the constitution.

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In the lawsuit, numbered A/261/2026, the plaintiffs have named the state Attorney General, the Anambra State House of Assembly, and ANSIEC as defendants, arguing that Section 110(A) of the Anambra State Electoral (Amendment No. 3) Law, 2024, contradicts Section 7(1) of the 1999 Constitution.

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The councillors contend that their tenure has not expired and that they are entitled to remain in office for four years from the date of their inauguration, rather than the prescribed two years.

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However, Osakwe emphasized that the pending case has not hindered the commission's preparations, noting that the mere filing of a suit does not automatically halt an electoral process.

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Osakwe stated that the commission has not received any directive to suspend the electoral process, and as such, preparations for the August 29 election are proceeding as planned.

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She urged political parties in the state to continue preparing for the election, emphasizing that ANSIEC remains focused on delivering a credible electoral process.

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The commission chairman also assured parties and candidates that the election will be conducted in accordance with the Electoral Act 2022 and relevant state electoral laws.

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At the heart of the dispute is the two-year tenure prescribed for elected local government chairmen, deputy chairmen, and councillors under the Anambra State Electoral (Amendment No. 3) Law, 2024, which the plaintiffs argue unlawfully shortens the tenure of elected officials.

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The plaintiffs are seeking a court declaration that the two-year tenure provision is unconstitutional, null, and void, as well as an order to invalidate and remove the relevant provision from the state's electoral law.

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The councillors are also seeking a court order to recognize a four-year tenure for elected local government officials and to restrain the state government and ANSIEC from dissolving existing councils or conducting elections to replace them before the completion of their claimed constitutional tenure.

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Furthermore, they are seeking an injunction to prevent ANSIEC from publishing election timetables or taking other steps towards replacing serving officials pending the determination of their tenure claim.

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The ongoing legal dispute has introduced uncertainty into Anambra's planned local government transition, but for now, ANSIEC maintains that the August 29 timetable remains unchanged unless the court issues an order directing otherwise.

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