Members of the recently dissolved Edo State Independent Electoral Commission (EDSIEC) have filed a ₦619 million lawsuit against Governor Monday Okpebholo, challenging the legality of their removal and claiming it violated constitutional protections for their tenure.
The case, lodged at the National Industrial Court in Benin City, contests the December 2024 announcement that dissolved the commission before the expiration of its members’ five-year tenure, which was set to run until March 2027.
The claimants, led by Justice James Oyomire (retd), argue that their removal breaches the 1999 Constitution and the Edo State Local Government Electoral Law, which safeguard their tenure.
They maintain that none of the legal grounds for dismissal, such as incapacity or misconduct, apply in their case.
“The claimants herein are members of EDSIEC, which was constituted by the Edo State Government via the ‘Government Special Announcement’ issued on March 21, 2022,” Oyomire stated in an affidavit.
He further explained, “By the Constitution and the Edo State Local Government Electoral Law, as well as the Edo State Independent Electoral Commission Establishment (Re-enactment) Law, 2012 (as amended), members of EDSIEC can only be removed from office on grounds of ‘inability to discharge the functions of the office (whether arising from infirmity of mind or body, or any other cause, or for misconduct).”
“I also know and state that none of the claimants is incapacitated and unable to discharge the functions of his office,” Oyomire added.
“In fact, every one of the claimants is hale and hearty, properly fit physically, mentally, and psychologically; and each of the claimants continues to perform the functions of our respective offices as stipulated by the Constitution and the relevant laws.”
The dissolved members of EDSIEC are seeking ₦484.9 million in unpaid salaries, ₦100 million in aggravated damages, and ₦35 million in legal fees.
They also request the court to declare the dissolution void and to reinstate them to their positions.
Governor Okpebholo, the state attorney-general, and the Edo State House of Assembly have been named as defendants in the suit.
The court has not yet set a date for hearing the case.
