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Former EDSIEC chairman and six others sue Edo governor over ‘illegal’ dissolution
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Court restrains all parties from actions that could frustrate final judgment
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Plaintiffs demand over N600 million in damages and unpaid salaries
The National Industrial Court sitting in Benin City has issued an interim order restraining the Edo State Government from inaugurating newly appointed members of the Edo State Independent Electoral Commission (EDSIEC), pending the determination of a suit challenging the controversial dissolution of the commission.
The legal action was filed by the late former EDSIEC Chairman, Justice James Oyomire (retd), along with six other members — Mrs. Gladys Idahor, Mr. Felix Ebhota, Uduafi Gabriel, Mr. Anthony Okekuoyen, Mr. Michael Ekhaisomi, and Mr. Vincent Aimienota — through their counsel, Mr. Gabriel Uduafi.
They are asking the court to declare their removal from office by Governor Monday Okpebholo unconstitutional and nullify the appointment of the new commission.
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In an interim ruling dated July 22, 2025, Justice A. Adewemimo ordered all parties in the suit to halt any further action that could render the court’s final decision ineffective.
The ruling followed submissions by Mr. Uduafi, who told the court that despite a pending motion for interlocutory injunction, the Speaker of the State Assembly, Hon. Jonathan Aifuobhokhan, had released a timetable for local government elections, in apparent defiance of judicial process.
Justice Adewemimo warned that no party should take steps capable of undermining judicial authority, and affirmed that the recent death of Justice Oyomire does not invalidate the lawsuit, since other claimants remain active.
The court emphasised the legal position that any act capable of rendering a judgment nugatory must be avoided.
In an affidavit deposed before his death, Justice Oyomire stated that he and his colleagues were lawfully appointed on March 23, 2022, for a five-year tenure ending in March 2027, and can only be removed through due process under Section 201 of the Constitution and the Edo State Electoral Law.
According to the affidavit, the claimants were never officially informed or served with any formal dissolution notice. They only learnt through a government media broadcast on December 17, 2024, that all commissions had been dissolved.
Following the announcement, they were asked to hand over government property. Their subsequent protest letter dated December 23, 2024, was ignored by the state government, forcing them to seek legal redress.
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The plaintiffs are urging the court to declare the December 17 action unlawful, restrain the new appointees from assuming any EDSIEC functions, and compel the government to pay them outstanding salaries totalling ₦484,898,056.55 from November 2024 to March 2027.
They are also demanding ₦100 million in aggravated damages and ₦35 million in legal costs.
In their suit, they argue that their removal did not follow the constitutional requirements of proven misconduct and two-thirds resolution of the House of Assembly.
