The National Industrial Court sitting in Benin City, Edo State, has issued an interim order restraining all parties in the ongoing legal battle over the controversial dissolution of the Edo State Independent Electoral Commission (EDSIEC) from taking any further steps that could render its eventual judgement ineffective.
Presiding judge, Justice A. Adewemimo, issued the order on 22 July 2025, following an application by counsel to the claimants, Gabriel Uduafi. The matter was brought before the court by the late Justice James Oyomire (retd), former EDSIEC Chairman, and six other members of the dissolved commission: Mrs. Gladys Idahor, Uduafi Gabriel, Mr. Felix Ebhota, Mr. Anthony Okekuoyen, Mr. Michael Ekhaisomi, and Mr. Vincent Aimienota.
The claimants are challenging their removal by Governor Monday Okpebholo, insisting that their constitutionally guaranteed tenure—set to expire on 23 March 2027—was arbitrarily truncated. They allege that their dismissal violated the provisions of the Nigerian Constitution and the relevant laws of Edo State, which require proven misconduct or incapacity and a two-thirds majority resolution of the House of Assembly before such action can be taken.
Joined in the suit as defendants are the Governor of Edo State, the Attorney-General and Commissioner for Justice, the Speaker of the Edo State House of Assembly, Jonathan Aifuobhokhan, and the newly appointed members of the reconstituted EDSIEC: Asein Victor, Ighomo Thomas, Imafidon Osarodion, Dr Suleman Ikhuoria, Anthony Aikpogjome, Umoru Frank, and Aremiyau Momoh.
The claimants maintain that they were not served any official notification of their removal but rather learnt of it through a government broadcast aired on 17 December 2024. They argue that this action amounted to an unconstitutional ambush, stripping them of their office without due process.
In court, Justice Adewemimo affirmed the settled legal principle that no party should take steps capable of frustrating or pre-empting a court’s decision. She also clarified that the demise of the first claimant, Justice Oyomire, does not invalidate the suit, as the remaining parties continue to pursue the matter.
According to supporting affidavits, the claimants were appointed to a five-year tenure on 23 March 2022. They argue that the dissolution order, delivered without legal justification, subverted the rule of law and undermined institutional independence.
Despite the pendency of a motion for interlocutory injunction, the claimants informed the court that Speaker Aifuobhokhan had proceeded to release a timetable for local government elections, prompting the court’s restraining order.
In their prayers before the court, the claimants are seeking not only declaratory reliefs but also the restraint of newly appointed officials from assuming EDSIEC duties pending the resolution of the case.
Furthermore, the claimants are demanding financial reparations, including the payment of outstanding salaries totalling ₦484,898,056.55 from November 2024 to March 2027, with 23 percent annual interest. They also seek ₦100 million in aggravated damages and ₦35 million in legal fees.
The suit raises significant constitutional issues regarding tenure security, due process, and executive overreach in state institutions.
