Court Stops Edo Government From Swearing In New Electoral Commission

A federal industrial court in Benin City has ordered all parties in the dispute over the Edo State Independent Electoral Commission (EDSIEC) to halt any action that might interfere with its final ruling.

This includes stopping the planned inauguration of a new electoral body by the state government.

The case was filed by the former chairman of EDSIEC, Justice James Oyomire (retired), along with six other members who say their removal from office was illegal. They were appointed in March 2022 to serve a five-year term ending in March 2027. However, on December 17, 2024, Governor Monday Okpebholo announced through the media that all state commissions, including EDSIEC, had been dissolved. The former officials claim they were never formally notified and only heard the news through public channels.

In the suit, the claimants argue that the governor’s decision violates the Nigerian Constitution and the laws of Edo State. They insist that EDSIEC officials can only be removed for specific reasons—such as proven misconduct or incapacity—and that this must be approved by a two-thirds majority of the State House of Assembly. They say none of these legal steps were followed.

The court, presided over by Justice A. Adewemimo, issued the interim order on July 22, 2025, after hearing that the Speaker of the House, Jonathan Aifuobhokhan, had already released a timetable for local government elections despite a pending motion for injunction. The judge warned that any action that could undermine the court’s judgment must stop.

Although Justice Oyomire passed away recently, the court ruled that his death does not affect the case, as the remaining six claimants are still involved.

The suit names the governor, the attorney general, the speaker of the House of Assembly, and the newly appointed EDSIEC members as defendants. The claimants are asking the court to declare their removal illegal and stop the new commission from taking over until the court reaches a decision.

Beyond seeking to keep their positions, the claimants are also demanding unpaid salaries totaling over ₦484 million, with interest, as well as ₦100 million in damages and ₦35 million in legal fees.

The case raises key questions about how public officials are removed and whether governments can dismiss statutory office holders without due process. The former commission members say they are not just defending their jobs—they are also standing up for the rule of law.