By Innocent Anaba
The National Industrial Court, Benin City, Edo State, has restrained parties in the suit challenging the dissolution of the Edo State Independent Electoral Commission, EDSIEC, from taking any further steps that could render the court’s final judgment ineffective.
Trial judge in the matter is Justice A. Adewemimo.
The suit is brought by the former EDSIEC Chairman, Justice James Oyomire (retd), and six other members, namely Mrs. Gladys Idahor, Uduafi Gabriel, Mr. Felix Ebhota, Mr. Anthony Okekuoyen, Mr. Michael Ekhaisomi, and Mr. Vincent Aimienota, through their counsel, Gabriel Uduafi.
They are challenging their removal by Governor Monday Okpebholo when their tenure is yet to expire.
Defendants include the Governor of Edo State, the Attorney-General and Commissioner for Justice, the Speaker of the House of Assembly, Jonathan Aifuobhokhan, and the newly appointed members of the reconstituted Commission: Asein Victor, Ighomo Thomas, Imafidon Osarodion, Dr. Suleman Ikhuoria, Anthony Aikpogjome, Umoru Frank, and Aremiyau Momoh.
The claimants are seeking declarations that their dissolution was unconstitutional and are asking the court to stop the governor from inaugurating the new commission pending the resolution of the suit.
In an interim order dated July 22, 2025, the court restrained all parties from taking any action that may preempt or frustrate the court’s judgment.
The order followed submissions by counsel Uduafi, who informed the court that despite a pending motion for interlocutory injunction, the 4th defendant, Aifuobhokhan, had gone ahead to issue a timetable for local government elections.
Justice Adewemimo affirmed that it is a settled principle of law that parties must not engage in acts capable of rendering a court’s decision nugatory.
The judge also noted that the death of the 1st claimant, Justice Oyomire, does not affect the validity of the suit, as the remaining claimants are still active parties.
In the affidavit supporting their application, the late Oyomire stated that he and other claimants were duly appointed on March 23, 2022, for a five-year tenure, ending March 23, 2027.
He argued that under the Nigerian Constitution and relevant Edo laws, members of EDSIEC can only be removed for proven misconduct or incapacity, and with a two-thirds resolution of the House of Assembly—conditions not met in their case.
He recounted that on December 17, 2024, they learned through the media of a “Government Special Announcement” by Governor Okpebholo, dissolving all state commissions, including EDSIEC, and directing members to hand over government property.
The claimants said they were neither notified beforehand nor officially served with any dissolution letter, despite their constitutionally guaranteed tenure.
Their legal team subsequently issued a protest letter dated December 23, 2024, which was ignored.
Having received no response or reversal of the action, they approached the court seeking declarations and injunctive reliefs.
The claimants argued that the matter raises fundamental constitutional questions regarding tenure security and the rule of law.
They contended that the balance of convenience is in their favour, as the defendants would suffer no harm if the status quo is maintained.
They also pledged to indemnify the defendants if the application proves frivolous.
In their suit, the claimants reiterated that they were appointed for a fixed term and could only be removed for cause, following due constitutional process—which did not occur.
They also sought to restrain the new appointees from assuming EDSIEC duties until the matter is resolved.
Additionally, they demanded payment of N484,898,056.55 in outstanding salaries from November 2024 to March 2027, with 23 percent annual interest, alongside N100 million in aggravated damages and N35 million for legal fees.
The suit argues that the purported dissolution of the Commission on December 17, 2024, violates both the Nigerian Constitution and applicable Edo State laws.
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