Members of Edo State Independent Electoral Commission, EDSIEC, recently dissolved by the state state government have filed a N619million suit against the state governor.
The claimants in the suit before the National Industrial Court sitting in Benin City, Edo State, are challenging their sack before the expiration of their tenure.
Claimants in the matter are Justice James Oyomire (retd), Mrs. Gladys Idahor, Uduafi Gabriel, Felix Ebhota, Anthony Okekuoyen Michael Ekhaisomi and Vincent Aimienota.
Defendants are the state governor, State Attorney-General and Commissioner for Justice, Speaker of the Edo State House of Assembly, Jonathan Aifuobhokhan, Asein Victor, Ighomo Thomas, Imafidon Osarodion, Dr. Suleman Ikhuoria, Anthony Aikpogjome, Umoru Frank and Aremiyau Momoh.
The claimants are asking the court to determine whether having regard to Section 199(1)(c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 2(2) of the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-enactment) Law, 2012 (as amended) which both guarantee the five year tenure for members of EDSIEC, whether the purported dissolution of EDSIEC as constituted by the claimants vide the “Government Special Announcement dated December 27, 2024, by the Secretary to the Edo State Government is not outrightly unconstitutional, illegal, null and void.
They are consequently asking the court to 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 EDSIEC inaugurated and sworn in on March 23, 2022, enjoy security of tenure of five years commencing from March 23, 2022, to March 23, 2027.
*An order setting aside the “Government Special Announcement dated December 17, 2024, by the Secretary to the Edo State Government which purports to remove or terminate the appointment of the claimants as members of or dissolve EDSIEC as constituted by the claimants.
The sum of N484.898million against the Government of Edo State represented by the 1st – 3rd defendants, being the sum total of the emoluments of the claimants from November 2024 when the claimants were paid less than half of their monthly salary to March, 2027, when the tenure of office of the claimants will expire or terminate.
*The sum of N100million against the Government of Edo State on the footing of exemplary and aggravated damages for the illegal, unlawful and unconstitutional actions against the claimants for the disparaging publication of the “Government Special Announcement dated December 17, 2024, by the Secretary to the Edo State Government which purports to dissolve the commission and/or remove the claimants as members of EDSIEC.
Justice Oyomire in an affidavit in supporting of the suit, stated that the claimants herein are members EDSIEC, which was constituted by the Edo State Government vide the “Government Special Announcement” dated and issued on March 21, 2022.
He stated that by the Constitution and the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-enactment) Law, 2012 (as amended), members of EDSIEC as presently constituted by the claimants can be removed from office only on the ground of “inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause or for misconduct.”
He added that “I also know and state that none of the claimants is incapacitated and thereby become unable to discharge the functions of his office.”
According to him, “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 Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-enactment) Law, 2012 (as amended). “
