Major General Kayode Oni (Rtd) & Ors V. Governor Of Ekiti State & Anor (2019)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

The Appellants were appointed full-time Chairman and Members respectively of the Ekiti State Independent Electoral Commission [E.S.l.E.C.] by the State Governor. The first paragraph of the letters of appointment, dated 10/10/2008 and issued to each one, reads:

I am pleased to inform you that the Governor of Ekiti State, Engr. Olusegun Adebayo Oni has graciously approved your appointment as Full-time [Chairman/Member] State Independent Electoral Commission with effect from 8/10/2008. The appointment is at the pleasure of the Governor please.

The tenure of Engr. Olusegun Adebayo Oni as Governor ended on 15/10/2010, when his election was nullified by the Court of Appeal. After the then new Governor, Dr. Kayode Fayemi came on board, the Appellants, on 22/10/2010, heard an announcement on radio that the new administration had dissolved all the Commissions Boards and Parastatals in Ekiti State, including the said E.S.I.E.C.

When they were prevented from carrying out their functions, they instituted an action by way of Originating Summons praying the Ekiti State High Court to determine the following questions –

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1.Whether the Plaintiffs, who are Chairman and Members of the ESIEC constituted under Sections 197 and 198 of the Constitution of the Federal Republic of Nigeria,1999 can be removed or their tenure terminated and the Commission dissolved by the Defendants otherwise than in accordance with the provisions of Sections 199 and 201 of the Constitution of the Federal Republic of Nigeria.

2. Whether the Defendants, who are the Executive Governor of Ekiti State and Chief Law Officer of the State, have the powers to dissolve the E.S/I/E.C and relieve the Plaintiffs of their appointments without regard to Sections 199 and 201 of the Constitution of the Federal Republic of Nigeria.

(3) Whether the Defendants are not bound by the provisions of the Constitution of the Federal Republic of Nigeria, 1999, in their decisions and actions concerning the Plaintiffs.

(4) Whether the purported dissolution of the E.S.I.E.C and termination of the appointments of the Plaintiffs as Chairman and Members respectively was not a violation of the provisions of Sections 199 and 201 of the 1999 Constitution of Nigeria and thereby ultra vires and null and void.

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(5) Whether the radio announcement by Defendants on 22/10/2010 dissolving all Commissions Boards and Parastatals in Ekiti State is not ultra vires, null and void in so far as it relates to the ESIEC.

WHEREOF, Appellants as Plaintiffs, sought the following reliefs –

(1) A DECLARATION that the purported dissolution of the E.S.I.EC. and termination of the Plaintiffs appointment as Chairman and Members of the Commission by the Defendants alongside all other Commissions. Boards and Parastatals vide a radio announcement on Friday,22/10/2010 is unlawful, wrongful, illegal, unconstitutional, ultra vires, null and void against the rules of natural justice and of no effect whatsoever

(2) AN ORDER setting aside the purported dissolution of the E.S. I.E.C.