The High Court of Imo State sitting in Owerri has struck out a motion for substituted service filed by the All Progressives Grand Alliance (APGA) and adjourned its suit challenging the September 26, 2026 local government elections to October 30 for mention, following confirmation that the defendants had already been served.
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The court did not grant an injunction stopping the election and did not determine the substantive claims challenging the legality of the electoral process.
Rather, the planned September 26 election was postponed indefinitely by the Imo State Government, a decision communicated to the court on Wednesday by the Attorney-General of the state, Paul Obinatu.
The distinction is significant because APGA had approached the court seeking, among other reliefs, an interlocutory injunction restraining the Imo State Independent Electoral Commission (ISIEC) and its chairman from proceeding with the council election pending determination of the substantive suit. The action, marked HOW/1380/2026, was filed on September 16 by APGA and four of its state officials.
At Wednesday’s proceedings, however, the Attorney-General informed the court that the state government had decided to postpone the election in view of the issues raised in APGA’s case and the need to comply with applicable mandatory legal requirements.
According to an update on the proceedings made available by the plaintiffs, Obinatu also told the court that the postponement would provide an opportunity for the plaintiffs to participate when a new election process is undertaken.
No new date has been announced for the council election.
The plaintiffs had earlier filed a Motion for Substituted Service dated September 16 and filed on September 17. During Wednesday’s sitting, the application was withdrawn because it had been overtaken by events, the defendants having already been served with the originating processes.
The court consequently struck out the substituted service application.
The Attorney-General also informed the court that the defendants had filed a Notice of Preliminary Objection challenging the competence of the processes instituted by APGA and the jurisdiction of the court to entertain the action.
He further maintained that the statutory period available to the defendants to respond to the plaintiffs’ processes had not expired.
Following the developments, the court adjourned the matter until October 30, 2026, for mention.
Counsel to the plaintiffs, Chief C.I. Asika Ilobi, appearing with K.I. Uzoaganobi and U.F. Njoku, told the court that APGA would not withdraw the suit merely because the government had postponed the election.
According to the plaintiffs’ account of proceedings, counsel maintained that withdrawing the case at this stage would be premature because the party wanted to determine whether ISIEC would ultimately comply with the statutory requirements governing the conduct of the election.
The plaintiffs said they intend to report back to the court on October 30 on the level of compliance with the applicable electoral requirements.
Obinatu appeared for the defendants alongside N.C. Eronini, C.U. Ahaneku and N.C. Njemanze.
APGA instituted the action alongside its Imo 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.
The defendants are ISIEC, its Chairman and the Attorney-General of Imo State.
Central to APGA’s case is its challenge to what ISIEC described as a “360 Days’ Notice of Election” issued in September 2025 and a subsequent announcement in September 2026 fixing September 26 for the council poll.
The party contends that the earlier notice was defective because it did not specify the election date and argues that the subsequent announcement could not cure the alleged defect. APGA has also raised questions about compliance with statutory provisions concerning the Register of Voters and the Electoral Act 2026. Those remain allegations for determination by the court.
The plaintiffs are seeking declarations concerning the validity of the electoral process as well as orders restraining ISIEC from conducting an election on the basis of the process they are challenging.
The court has not ruled on those substantive questions, nor has it determined the defendants’ preliminary objection.
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