Nosa Akintola Okungbowa & Ors V. Governor Of Edo State & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU J.C.A. (Delivering the Leading Judgment)

This is an appeal resulting from the judgment of Hon. Justice P. Imoedemhe of the High Court of Justice Edo State delivered on 14/11/07. The facts which led to this appeal are as follows:

On 12th July, 2005 the appellants were appointed Chairman and members respectively of the Edo State Independent Electoral Commission for a tenure of five years expiring on 12th July, 2010. Section 199(1) of the Constitution of the Federal Republic of Nigeria guarantees appellants’ tenure of five years.

Following a resolution of Edo State House of Assembly passed on 4th April, 2007 requesting that the 1st respondent, Governor of Edo State, to remove the appellants from office, and the subsequent removal of the appellants from office, the appellants filed Suit No: B/115/OS/2007 against the 1st respondent and two others at the High Court of Edo State, Benin Judicial Division challenging inter alia, the constitutionality of the said resolution which was predicated on four ground namely:

a. Failure of the appellants to prepare and submit to the House of Assembly audited accounts of Edo State Independent Electoral Commission.

b. Release of time table for Local Government Election in Edo state which allegedly conflicted with general elections in the country.

c. Sale of nomination forms to aspirants to Local Government Councils without recourse to their political parties.

d. Failure to abide by a resolution of Edo State House of Assembly passed on 19th March, 2007 requesting the appellants to put on hold the conduct of Local Government election in the state.

After hearing the argument of counsel in the above suit, Ikponmwen J. on 30th May, 2007 delivered a well-considered judgment in which the claims of the appellants were upheld. Consequently, the resolutions of the Edo State House of Assembly passed on 19th March, 2007 and 4th April, 2007 respectively were declared unconstitutional, null and void and of no effect whatsoever.

Dissatisfied with the above judgment in Suit No: B/115/OS/007,the 3rd defendant therein (Edo State House of Assembly) on 4th June, 2007 filed an appeal against the said judgment to this Court.

The House of Assembly also filed an application for stay of execution of the aforesaid judgment. That application was heard and dismissed by the lower court on 26th June, 2007.

On 19th June 2007 (during the pendency of its motion for stay of execution), the Edo State House of Assembly (now differently constituted) again passed a resolution requesting that the 1st respondent herein, the Governor of Edo State, to remove the appellants from their respective offices in Edo State Independent Electoral Commission on the ground of the alleged misconduct.

Upon receipt of the aforesaid resolution of the Edo State House of Assembly passed on 19th June, 2007, the 1st respondent on the same date removed the Appellants from their respective positions in Edo State Independent Electoral Commission.

Aggrieved, the appellants instituted an action via originating summons dated 4/07/07 before the Benin High court praying the Court to determine the following questions: