The National Industrial Court sitting in Benin City, Edo State, has restrained all parties involved in the ongoing legal tussle over the dissolution of the Edo State Independent Electoral Commission (EDSIEC) from taking any action that could undermine the final outcome of the suit.
Naijaonpoint reports that Justice A. Adewemimo, who presided over the matter, issued the interim order on July 22, 2025, following a motion filed by counsel to the claimants, Gabriel Uduafi.
The case was filed by the late former Chairman of EDSIEC, 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, who are challenging their removal by Governor Monday Okpebholo despite their tenure not being concluded.
Listed as defendants are the Governor, the Attorney-General and Commissioner for Justice, the Speaker of the Edo State House of Assembly, Jonathan Aifuobhokhan, and newly appointed commission members, Asein Victor, Ighomo Thomas, Imafidon Osarodion, Dr. Suleman Ikhuoria, Anthony Aikpogjome, Umoru Frank, and Aremiyau Momoh.
The claimants argue that their removal on December 17, 2024, via a public announcement dissolving all state commissions, violated the provisions of the Nigerian Constitution and the laws of Edo State.
They insist that, under these laws, members of EDSIEC can only be removed through a two-thirds resolution of the House of Assembly, based on proven misconduct or incapacity, neither of which has been established in their case.
They are seeking a court declaration that the dissolution was unconstitutional and an order barring the inauguration of the new EDSIEC board until the suit is resolved.
Justice Adewemimo noted that the 4th defendant, Speaker Aifuobhokhan, had already issued a timetable for local government elections despite the pending motion for an interlocutory injunction.
The court condemned the action, stressing that such conduct violates the established legal principle that no party should engage in actions that could render the court’s final decision nugatory.
Justice Adewemimo also ruled that the death of Justice Oyomire, the 1st claimant, does not invalidate the suit, as the remaining six claimants are still active parties.
In an affidavit filed before his death, Oyomire had affirmed that the claimants were legally appointed on March 23, 2022, for a five-year tenure ending in March 2027.
He stated that they only became aware of their removal through the media and were subsequently directed to hand over all government property, an act they argue was both illegal and arbitrary.