The National Industrial Court in Benin City has issued an interim order preventing all parties involved in the lawsuit challenging the dissolution of the Edo State Independent Electoral Commission from taking any actions that could undermine the court’s final judgment.
Justice A. Adewemimo, the trial judge, granted the order on July 22, 2025, following arguments presented by the claimants’ counsel, Gabriel Uduafi.
The case was filed by former EDSIEC Chairman Justice James Oyomire (retd) and six other commission members – Mrs. Gladys Idahor, Uduafi Gabriel, Mr. Felix Ebhota, Mr. Anthony Okekuoyen, Mr. Michael Ekhaisomi, and Mr. Vincent Aimienota. They are contesting their removal by Governor Monday Okpebholo before the expiration of their five-year tenure, which was scheduled to end on March 23, 2027.
Defendants in the suit include the Edo State Governor, the 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 claimants are seeking several declarations from the court, including that their dissolution was unconstitutional and that the governor should be restrained from inaugurating the new commission while the case is pending.
They argue that under both the Nigerian Constitution and Edo State laws, EDSIEC members can only be removed for proven misconduct or incapacity through a two-thirds resolution of the House of Assembly – conditions they claim were not met.
In his ruling, Justice Adewemimo affirmed the legal principle that parties must refrain from actions that could render a court’s decision ineffective. The judge noted that despite a pending motion for interlocutory injunction, the 4th defendant (Speaker Aifuobhokhan) had proceeded to issue a timetable for local government elections.
The court also clarified that the death of the first claimant, Justice Oyomire, does not affect the validity of the suit as the remaining claimants are still active parties.
According to the claimants’ affidavit, they learned of their dissolution through a December 17, 2024 “Government Special Announcement” by Governor Okpebholo, which directed all state commission members to hand over government property. They maintain they received no prior notification or official dissolution letter, despite their constitutionally guaranteed tenure. After sending a protest letter on December 23, 2024, which went unanswered, they resorted to legal action.
The claimants contend that the case raises fundamental constitutional questions about tenure security and the rule of law. They argue the balance of convenience favors maintaining the status quo, as the defendants would suffer no harm from such an arrangement. The claimants have also pledged to indemnify the defendants if their application proves frivolous.
In addition to seeking reinstatement, the claimants are demanding payment of N484,898,056.55 in outstanding salaries from November 2024 to March 2027, with 23% annual interest, plus N100 million in aggravated damages and N35 million for legal fees.
They seek to restrain the new appointees from assuming EDSIEC duties until the matter is resolved and maintain that their December 2024 dissolution violated both the Nigerian Constitution and Edo State laws.