Court Halts Edo Govt Inaugurating New Electoral Body

The National Industrial Court sitting in Benin City, Edo State, has issued an interim order restraining all parties involved in a lawsuit challenging the dissolution of the Edo State Independent Electoral Commission (EDSIEC) from taking any steps that could undermine the court’s final decision.

The case, presided over by Justice A. Adewemimo, was filed by the former EDSIEC Chairman, Justice James Oyomire (retd), along with six other members—Mrs. Gladys Idahor, Uduafi Gabriel, Mr. Felix Ebhota, Mr. Anthony Okekuoyen, Mr. Michael Ekhaisomi, and Mr. Vincent Aimienota. The group is represented by legal counsel Gabriel Uduafi.

The claimants are contesting their removal from office by Governor Monday Okpebholo, arguing that their five-year tenure—set to expire in March 2027—was unlawfully terminated.

The defendants in the suit include Governor Okpebholo, the state’s Attorney-General and Commissioner for Justice, the Speaker of the House of Assembly, Jonathan Aifuobhokhan, and the newly appointed EDSIEC members: Asein Victor, Ighomo Thomas, Imafidon Osarodion, Dr. Suleman Ikhuoria, Anthony Aikpogjome, Umoru Frank, and Aremiyau Momoh.

The court’s interim injunction, dated July 22, 2025, was issued after the claimants’ lawyer informed the court that despite a pending motion for interlocutory injunction, the 4th defendant, Speaker Aifuobhokhan, had already released a timetable for local government elections.

Justice Adewemimo emphasized the legal principle that parties must not take actions that could render a court’s judgment ineffective. She also ruled that the recent passing of the lead claimant, Justice Oyomire, does not invalidate the case, as the remaining six claimants remain actively involved.

In their affidavit, the late Oyomire stated that the claimants were lawfully appointed on March 23, 2022, for a constitutionally protected five-year term and could only be removed through due process—including proof of misconduct or incapacity and a two-thirds resolution by the State House of Assembly. According to the claimants, none of these conditions were met.

They allege they first learned of their dismissal through a media announcement on December 17, 2024, when Governor Okpebholo issued a “Government Special Announcement” dissolving all state commissions, including EDSIEC. The claimants were neither notified nor served any official dissolution notice and were instructed to hand over government property.

Following an unanswered protest letter dated December 23, 2024, the group approached the court seeking a declaration that their removal was unconstitutional and an injunction preventing the governor from inaugurating a new commission pending the outcome of the case.

They argue that the case raises critical constitutional issues about tenure protection and the rule of law, asserting that maintaining the status quo would not harm the defendants. They have also pledged to indemnify the defendants should the application be found frivolous.

In addition to seeking the reinstatement of their positions, the claimants are requesting:

• An order preventing the newly appointed members from assuming EDSIEC duties until the case is resolved.

• Payment of N484.9 million in outstanding salaries from November 2024 to March 2027, with 23% annual interest.

• N100 million in aggravated damages.

• N35 million in legal fees.

The claimants maintain that the December 17, 2024, dissolution violates both the Nigerian Constitution and relevant laws in Edo State.