Still battling with the Election Petition Tribunal, the governor of Edo State, Monday Okpebholo, is facing a new legal battle instituted against him by sacked members of the Edo State Independent Electoral Commission (EDSIEC).
The sacked commission members are before the National Industrial Court sitting in Benin City, seeking N619million in damages from the governor. They claim they were sent packing before their tenure expired.
The claimants include Justice James Oyomire (retd), Mrs. Gladys Idahor, Uduafi Gabriel, Felix Ebhota, Anthony Okekuoyen Michael Ekhaisomi and Vincent Aimienota while the defendants are Okpebholo, the Attorney-General and Commissioner for Justice of the state, the Speaker of the Edo State House of Assembly, Jonathan Aifuobhokhan, and a host of others.
Hinging their claims on Section 199(1)(c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 2(2) of the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-enactment) Law, 2012 (as amended) which both guarantee the five year tenure for members of EDSIEC, the claimants want the court to determine whether the dissolution of EDSIEC by the governor was legal.
They want the court to declare that by the combined effect of Section 199(1)(c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Sections 2(2) and 4(2) of the Edo State Local Government Electoral Law and the Edo State Independent Electoral Commission Establishment (Re-enactment) Law, 2012 (as amended), the claimants who are members of EDSIEC inaugurated and sworn in on March 23, 2022, countinue to enjoy security of tenure of five years commencing from March 23, 2022, to March 23, 2027.
They further seek the following:
*An order setting aside the Government Special Announcement dated December 17, 2024, by the Secretary to the Edo State Government which purports to remove or terminate the appointment of the claimants as members of or dissolve EDSIEC as constituted by the claimants.
*The sum of N484.898 million against the Government of Edo State represented by the 1st – 3rd defendants, being the sum total of the emoluments of the claimants from November 2024 when the claimants were paid less than half of their monthly salary to March, 2027, when the tenure of office of the claimants will expire or terminate.
*The sum of N100 million against the Government of Edo State on the footing of exemplary and aggravated damages for the illegal, unlawful and unconstitutional actions against the claimants for the disparaging publication of the Government Special Announcement dated December 17, 2024, by the Secretary to the Edo State Government which purports to dissolve the commission and/or remove the claimants as members of EDSIEC.
*The sum of N35 million being the legal fees for the prosecution of this suit.
A supporting affidavit by Justice Oyomire gives further details about the suit.
“I also know and state that none of the claimants is incapacitated and thereby become 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 affidavit stated.
