The National Industrial Court in Benin City has issued a restraining order barring the Edo State Government from inaugurating a newly constituted Independent Electoral Commission (EDSIEC).
This interim order is part of an ongoing legal battle over the dissolution of the previous commission, which the claimants argue is unconstitutional.
The case, presided over by Justice A. Adewemimo, was filed by the former EDSIEC Chairman, Justice James Oyomire (retd), and six other commissioners: Mrs. Gladys Idahor, Uduafi Gabriel, Mr. Felix Ebhota, Mr. Anthony Okekuoyen, Mr. Michael Ekhaisomi, and Mr. Vincent Aimienota. They are represented by counsel Gabriel Uduafi.
The plaintiffs are challenging their removal by Governor Monday Okpebholo, claiming their tenure, which began on March 23, 2022, is valid until March 23, 2027, and that no constitutional grounds were followed in their dismissal.
The defendants in the suit include the Governor, the Attorney-General and Commissioner for Justice, the Speaker of the Edo State House of Assembly, Jonathan Aifuobhokhan, and seven individuals newly appointed to the reconstituted EDSIEC: Asein Victor, Ighomo Thomas, Imafidon Osarodion, Dr. Suleman Ikhuoria, Anthony Aikpogjome, Umoru Frank, and Aremiyau Momoh.
In an interim ruling dated July 22, 2025, the court prohibited all parties from taking steps that might undermine the final judgment.
This came after Uduafi informed the court that, despite a pending motion for an interlocutory injunction, the Speaker had released a timetable for local government elections, an action that could preempt the court’s decision.
Justice Adewemimo warned that no party should engage in actions that could render the court’s verdict ineffective.
He also clarified that the death of the first claimant, Justice Oyomire, does not invalidate the suit, as the remaining six commissioners are still actively involved.
According to an affidavit filed by Oyomire before his passing, the commissioners were lawfully appointed and could only be removed for proven misconduct or incapacity, a process requiring a two-thirds resolution from the State Assembly, which he said did not occur.
Oyomire recounted how, on December 17, 2024, they learned through a government announcement in the media that the commissions, including EDSIEC, had been dissolved.
The commissioners were directed to hand over all government property without receiving any prior notice or formal dissolution letter.
A protest letter submitted by their legal team on December 23, 2024, went unanswered, prompting them to seek legal redress.
The suit questions the legality of the dissolution and seeks a court declaration affirming their rights under the Constitution and relevant Edo State laws.
The claimants also requested that the new appointees be restrained from taking over the commission’s duties until the matter is resolved.
Furthermore, they are demanding compensation totaling ₦484,898,056.55 in unpaid salaries from November 2024 to March 2027, with 23% annual interest, ₦100 million in aggravated damages, and ₦35 million for legal fees.
They argued that upholding the status quo would not harm the defendants and expressed readiness to compensate them should the application be deemed frivolous.
