CHIEF S. B. ADEYEYE & ORS V. GOVERNOR, EKITI STATE & ANOR

HARUNA M. TSAMMANI, J.C.A.(Delivering the Leading Judgment): The Appellants who were plaintiffs at the Ekiti State High Court sitting at Ado-Ekiti in Suit No: HAD/10/2004, were appointed as Chairman and members of the Ekiti State Independent Electoral Commission on the 22nd April, 2001, whilst the 7th Appellant was appointed as member of the said Commission on the 5th of March, 2003.

The 1st Appellant was Chairman of the Commission, while the 2nd - 7th Appellants were members. Their respective appointments were for duration of five (5) years pursuant to Section 199(c) of the 1999 Constitution of the Federal Republic of Nigeria. However, on the 11th July, 2003, the Secretary to the Ekiti State Government wrote the Appellants intimating them that their services were no longer required with effect from 30th of June, 2003 and that they have been relieved of their posts as Chairman and members of the Commission respectively.

The said letters terminating the appointment of the Appellants we…