The National Industrial Court sitting in Benin City, Edo State, has issued a restraining order preventing parties involved in the ongoing suit challenging the dissolution of the Edo State Independent Electoral Commission (EDSIEC) from taking further steps that could undermine the final court judgment.
Presiding over the matter, Justice A. Adewemimo granted the interim order on July 22, 2025, following a motion brought by the former EDSIEC Chairman, Justice James Oyomire (retd), and six other former commission members: Mrs. Gladys Idahor, Uduafi Gabriel, Mr. Felix Ebhota, Mr. Anthony Okekuoyen, Mr. Michael Ekhaisomi, and Mr. Vincent Aimienota.
Represented by counsel Gabriel Uduafi, the claimants are challenging their removal by Governor Monday Okpebholo, alleging that it occurred before the expiration of their five-year tenure, which began on March 23, 2022, and is supposed to end on March 23, 2027.
Named as defendants in the suit are the Governor of Edo State, the Attorney-General and Commissioner for Justice, the Speaker of the House of Assembly, Jonathan Aifuobhokhan, and newly appointed commission members.
The court order came after the claimants revealed that, despite a pending motion for interlocutory injunction, the Speaker (4th defendant) had gone ahead to issue a timetable for local government elections, a move that the judge described as capable of rendering the court’s final decision nugatory.
Justice Adewemimo affirmed the principle that parties in a legal matter must not take actions that could compromise the court’s judgment. He also ruled that the death of the 1st claimant, Justice Oyomire, does not invalidate the suit, as the remaining claimants remain active in the case.
According to the court filings, the claimants were never officially notified or served with a dissolution letter. Instead, they learned of their removal via a “Government Special Announcement” on December 17, 2024, directing all state commissions to hand over property.
The claimants argue that their removal violates the Nigerian Constitution and Edo State laws, which require a two-thirds resolution of the House of Assembly and proof of misconduct or incapacity before removal from office—conditions they insist were not met.
Their requests to the court include:
- A declaration that their dissolution was unconstitutional
- An injunction stopping the inauguration of the newly appointed EDSIEC
- A restraining order against the new appointees from assuming office
- The payment of ₦484.9 million in outstanding salaries (November 2024–March 2027) with 23% annual interest
- ₦100 million in aggravated damages
- ₦35 million in legal fees
They further argue that maintaining the status quo would cause no harm to the defendants, while proceeding with the new appointments would violate constitutional principles and potentially render the entire suit meaningless.
The case is seen as a key test of tenure protection, governance accountability, and the rule of law in state-level political administration.
