The members of the recently disbanded Edo State Independent Electoral Commission (EDSIEC) have filed a ₦619 million lawsuit against Governor Monday Okpebholo, claiming that their removal violated constitutional provisions guaranteeing their tenure.
The case, filed at the National Industrial Court in Benin City, challenges the legality of the December 2024 announcement that disbanded the commission before the members’ five-year tenure was up. The claimants, led by Justice James Oyomire (retd), contend that their removal violates the Edo State Local Government Electoral Law and the 1999 Constitution, which guarantee their tenure until March 2027, and that none of the statutory grounds for dismissal apply to them.
“The claimants herein are members of EDSIEC, which was constituted by the Edo State Government vide the ‘Government Special Announcement’ dated and issued on March 21, 2022,” Oyomire said in an affidavit.
He added: “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 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).”
“I also know and state that none of the claimants is incapacitated and thereby becomes unable to discharge the functions of his office.”
“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).”
The dissolved commission members are seeking ₦484.9 million in unpaid emoluments, ₦100 million in aggravated damages, and ₦35 million in legal fees. They also demand a court declaration voiding the dissolution and reinstating them to their positions.
Governor Okpebholo, the state’s attorney-general, and the Edo State House of Assembly are named as defendants in the suit.
The court has yet to fix a hearing date for the matter.
