The Chairman and members of the
Edo State Independent Electoral Commission (EDSIEC), have sued the Edo State Governor, Monday Okpebholo over the dissolution of the Commission.
The claimants are asking the court to declare the dissolution of EDSIEC illegal and unconstitutional, and restrain the governor from
inaugurating a new chairman and members for the Commission.
The claimants are Hon. Justice James Uyi Oyomire (rtd.), Mrs. Gladys Idahor, Uduafi Gabriel, Mr. Felix, Ebhota, Mr. Anthony Okekuoyen , Mr. Michael Ekhaisomi, and Mr. Vincent Aimienota
Listed as defendants alongside Edo State governor, are the Attorney-General and Commissioner for Justice, Edo State, Speaker of the Edo State House of Assembly, Jonathan Aifuobhokhan, Asein Victor, and Ighomo Thomas, Imafidon Osarodion, Dr. Suleman Ikhuoria, Hon. Anthony Aikpogjome, Umoru Habib Frank, and Aremiyau Momoh.
The claimants in suit number NICN/B/03/2025 filed by their lawyer, Gabriel Uduafi are also asking the court to stop the new appointees from performing the Commission’s functions until the case is resolved.
Additionally, the claimants are demanding N484,898,056.55 representing salaries from November 2024 to March 2027, as well as a 23 percent annual interest on the amount.
The claimants are also asking for N100 million as aggravated damages for the alleged unlawful actions against them, and additional N35million for legal fees.
The claimants in thier Originating Summons stated that they were appointed to EDSIEC for a fixed term of five years, from March 23, 2022, to March 23, 2027, and that their removal can only occur through specific constitutional procedures for incapacity or misconduct, neither of which apply to them.
They claim that the dissolution of the Commission, as announced in a “Government Special Announcement” on December 17, 2024, violates both the Nigerian Constitution and Edo State laws.
In a 20-paragraph affidavit deposed to by the first claimant (Justice Oyomire rtd.), he stated that none of the claimants had been accused of misconduct or incapacitated to perform their duties.
He contended that the dissolution and reconstitution of the Commission are unconstitutional, illegal, and should be nullified.
The claimants are requesting a series of declarations, including that their tenure is secure until March 23, 2027, and that the new appointments made under the December 2024 announcement are void.
They also seek an injunction preventing the new appointees from performing any functions of the EDSIEC until the expiration of the current board’s term.
Consequently, the claimants are praying the court for the following reliefs:
“A Declaration that by the combined effect of Section 199(1)(c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Sections 2(2) and 4(2) of the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-enactment) Law, 2012 (as amended), the Claimants who are members of the Edo State Independent Electoral Commission inaugurated and sworn in on 23rd March, 2022 enjoy security of tenure of five (5) years commencing from 23rd March, 2022 to 23rd March, 2027.
“A Declaration that by the combined effect of Section 201(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 4(2) of the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-enactment) Law, 2012 (as amended), no member of the Edo State Independent Electoral Commission as constituted by the Claimants can be validly removed from office nor can the dissolution of the membership of the Edo State Independent Electoral Commission be effected or carried out by the Governor for any reason other than for inability to discharge the functions of office or for acts of misconduct as stipulated in the Constitution and the enabling law.
“A Declaration that the purported dissolution of the Edo State Independent Electoral Commission as constituted by or the termination of appointment of the Claimants vide the “Government Special Announcement dated 17th December, 2024 issued and signed by the Secretary to the Edo State Government which was done in gross violation of the relevant provisions of the Constitution, 1999 (as amended) and the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-enactment) Law, 2012 (as amended) is outrightly unconstitutional, illegal, null, void and of no effect whatsoever.
“A Declaration that the purported reconstitution of the Edo State Independent Electoral Commission with the 4th – 11th Defendants as members and which was done vide the “Government Special Announcement dated 17th December, 2024 issued and signed by the Secretary to the Edo State Government while the tenure of office of the Claimants subsists till 23rd March, 2027 is outrightly unconstitutional, illegal, null, void and of no effect whatsoever.
“An Order setting aside the “Government Special Announcement dated 17th December, 2024 issued and signed by the Secretary to the Edo State Government which purports to remove or terminate the appointment of the Claimants as members of or dissolve the Edo State Independent Electoral Commission as constituted by the Claimants.
“An Order setting aside the “Government Special Announcement dated 17th December, 2024 issued and signed by the Secretary to the Edo State Government which purports to set up the 4th – 11th Defendants as members of the Edo State Independent Electoral Commission.
“An Order of injunction restraining the 4th – 11th Defendants from parading or holding themselves out in any manner whatsoever and howsoever described as members of the Edo State Independent Electoral Commission until the expiration of the tenure of the Claimants on 23rd March, 2027.
“An Order of injunction restraining the 4th – 11th Defendants from carrying out the functions of office as members of the Edo State Independent Electoral Commission, including but not limited to calling for the conduct of Local Government elections or any other functions of the Edo State Independent Electoral Commission until the expiration of the tenure of the Claimants on 23rd March, 2027.
