The Ebonyi State Independent Electoral Commission (EBSIEC) has dismissed the protest and threat of legal action by the Peoples Democratic Party (PDP) over the August 22 local government elections in the state, insisting that the party lacks both the moral and legal grounds to challenge a process for which, according to the commission, all political parties were given ample time and opportunity to participate.
The Commissioner and Chairman of the EBSIEC Information, Voter Education and Publicity Committee, Chief Collins Agbo, stated this while speaking with journalists on Tuesday, two days after the commission concluded the conduct of the council poll across the state.
Agbo said the commission was not prepared to join issues with any faction of the PDP, but maintained that the electoral body had followed its statutory timetable and complied with the relevant constitutional and legal provisions governing the conduct of local government elections.
He said the commission's approach was anchored on strict observance of the law, adequate notice to political parties, stakeholder engagement, voter education and adherence to the timetable and schedule of activities released ahead of the polls.
According to him, the election was not the product of any political "magic" but the outcome of a deliberate commitment by the commission to operate within the framework of the law.
"We were inaugurated on August 15, 2025, and when we came into office, we reviewed the books and discovered that some of the reasons previous elections had faced legal challenges were because the relevant laws were not strictly followed.
"We took the Electoral Act, reviewed the state law and also reviewed the Constitution. We found out that there are clear provisions guiding the conduct of elections and the operations of electoral commissions. So, we resolved that this election must be conducted strictly in accordance with the law," Agbo said.
He said the commission issued its election timetable sufficiently early and gave political parties what he described as a level playing field to conduct their internal processes and prepare for the polls.
Agbo explained that the commission also convened a broad-based stakeholders' meeting involving political parties, security agencies, persons with disabilities and other critical segments of the electorate.
He said 17 political parties attended the initial stakeholders' meeting, adding that the commission maintained regular engagement with relevant stakeholders throughout the electoral cycle.
"We invited all the political parties that had offices in the state at that time, and we also brought in other stakeholders. Security agencies, persons with disabilities and other sectors of the electorate were involved in the discussions on the way forward.
"We released our timetable and schedule of activities and ensured that every stage of the process followed the prescribed timeline," he said.
The EBSIEC official said political parties were given sufficient opportunity to conduct their primaries, while the commission monitored the processes in line with its responsibilities.
He, however, said some parties were unable to meet the requirements for participation because of internal crises and failure to conclude their nomination processes within the stipulated period.
Agbo particularly referred to the internal crisis within the Labour Party and the PDP, saying the commission could not be held responsible for the inability of political parties to resolve their internal disputes or present candidates.
"Several political parties indicated interest and we gave them the opportunity to conduct their internal democracy. The Labour Party, for instance, indicated interest, but along the line, its internal crisis affected its ability to meet up.
"The PDP was also represented at our first stakeholders' meeting. We gave invitations to political parties through their offices and also through IPAC. So, those now making allegations cannot say they were not aware of the process or that they were not given sufficient opportunity," he said.
Agbo said the commission repeatedly sensitised political parties and the public through radio appearances, jingles, public enlightenment programmes and grassroots engagements, insisting that the process was transparent from the outset.
He said he personally appeared on several radio stations to explain the electoral timetable and assure the public that the commission would not take instructions from the state government or any political interest.
"The common question was whether the process had already been concluded and whether the governor would tell us what to do. I made it clear that the governor would never tell us what to do.
"As I speak, apart from a courtesy visit involving the national forum of State Independent Electoral Commissions, we have never sat down with the governor to discuss how to conduct this election," he said.
Agbo argued that while the governor constitutionally plays a role in the appointment of members of a state electoral commission, such responsibility does not translate into interference with the commission's operations.
He said the governor's constitutional duty to nominate members of the commission and forward their names to the State House of Assembly for confirmation should not be misconstrued as political control over the electoral body.
"The governor has a constitutional responsibility to appoint members of the commission, subject to the provisions of the law and confirmation by the House of Assembly. That is his constitutional duty.
"But once we are constituted, we have our responsibilities under the law. We are not here to take instructions from anybody on how to conduct an election," he said.
The commissioner further dismissed allegations that the commission acted at the behest of the state government, maintaining that Governor Francis Nwifuru was not a candidate in the chairmanship or councillorship election and, therefore, was not a direct beneficiary of the contest.
"If somebody says a governor who is not a candidate in the election influenced the electoral commission, what then would be said about a President who is a direct beneficiary of a national election?
"The fact remains that the governor has never directed us on how to conduct this election. We have followed the law and our guidelines," Agbo said.
On voter mobilisation, Agbo said EBSIEC deliberately took voter education to the grassroots, deploying a combination of radio programmes, jingles, one-on-one engagement and community-based sensitisation.
He said traditional rulers, town union presidents and other community leaders were mobilised to cascade electoral information to the ward, polling unit and hamlet levels.
According to him, the objective was to encourage registered voters to utilise their voter cards rather than merely possess them.
"Carrying a voter card without using it to vote is useless. We deliberately took voter education to the grassroots because democracy is strengthened when citizens participate in choosing those who will govern them," he said.
Agbo said the commission would carry out a comprehensive post-election review after completing the issuance of certificates of return to successful candidates.
He disclosed that certificates of return would be issued on August 27, after which the commission would assess the entire electoral process and identify areas requiring improvement.
"We announced the results on Sunday, August 23. The process is still ongoing because we will issue certificates of return to those elected.
"After that, the commission will sit down, review the activities and the outcome of the election and determine areas where we can improve. There is always room for improvement, even in the most perfect election," he said.
Reacting specifically to the PDP's protest and reported threat of legal action, Agbo said EBSIEC was not aware of any subsisting court action capable of stopping or invalidating the electoral process.
He said the commission was a creation of the Constitution and derived its powers from the relevant provisions of the Constitution and the Ebonyi State laws.
"We are not going to join issues with them over whether they exist or which faction is speaking. We are all Nigerians and we know what is happening within the PDP.
"The PDP was represented at our stakeholders' meeting. There were 17 political parties at that meeting. Therefore, those making allegations now cannot claim that they were excluded from the process," he said.
Agbo insisted that political parties dissatisfied with the election had the constitutional right to approach the appropriate tribunal or court, but said EBSIEC had no legal challenge before it that could have prevented the conduct of the poll.
"If there had been any valid legal process stopping the election, we would have taken the appropriate steps. As a former legislator, I understand the importance of the rule of law and I cannot sit down and watch the law being disobeyed," he said.
The EBSIEC commissioner also defended the timing of the election, saying the commission was compelled to conduct the poll before the expiration of the tenure of the outgoing local government administration.
He said the applicable Ebonyi State law provided for a two-year tenure and warned that failure to conduct the election before the expiration date could have created a vacuum in grassroots governance.
"Under the law, the tenure is determined by the law of the State House of Assembly. If the election had not been held before the expiration of the tenure, there would have been a vacuum in local government administration.
"The law does not contemplate a vacuum in governance. That was why it was necessary to conduct the election so that the administration of the local governments would continue without interruption," he said.
Agbo rejected claims that the commission deliberately shut out opposition political parties, insisting that participation was dependent on parties fulfilling statutory requirements and resolving their internal disputes.
He said EBSIEC had no powers to recognise political parties or determine which faction of a divided party was authentic, noting that such matters fell within the jurisdiction of the Independent National Electoral Commission (INEC) and the internal structures of the respective political parties.
"Our responsibility is not to recognise political parties. Political parties recognised by the appropriate authority and eligible under the law are the ones entitled to participate.
"If a political party has an internal crisis and cannot put its house in order or produce candidates in accordance with the law, the commission cannot manufacture candidates for that party," he said.
He maintained that opposition parties that failed to participate in the election had no basis to accuse the commission of conducting a predetermined exercise after allegedly failing to take advantage of the opportunities provided during the electoral process.
"Everybody had ample opportunity and the time required to participate in the election. So, for anybody to come after the election and begin to make noise or engage in media hype, we have to ask: where were you when the timetable was released, when stakeholders were meeting, when parties were conducting primaries and when the commission was receiving candidates?
"Those who are alleging that the election should not have held must demonstrate their legal interest and the basis upon which they are making such claims," Agbo said.
The commission had earlier warned political parties against embarking on campaigns outside the officially approved timetable, with Agbo stressing at the time that adherence to the electoral schedule was necessary to guarantee fairness and a level playing field ahead of the August 22 council poll.
Agbo said the ultimate test of the commission's work would be its continued capacity to strengthen electoral administration and improve subsequent elections.
"The magic is not magic. It is simply following the rules, giving adequate time, carrying everybody along and allowing every activity to follow its timeline.
"We will continue to improve. Every election has lessons, and we will take those lessons seriously and ensure that the process becomes better," he added.
