THE GOVERNOR OF KWARA STATE THE ATTORNEY-GENERAL & COMMISSIONER FOR JUSTICE, KWARA STATE V. ALH. ISSA OJIBARA ALH. ISSA RAJI MR. JOHNSON AINA ALH. ABDULLAHI BERENDE ALH. MAHMUD YARU MR. M. O. TITILOYE MR. MAMEEN YUSUF

OGUNTADE JSC (Delivering the Lead Judgment): The simple question to be answered in this judgment is: In what circumstances are the chairman and members of a State Independent Electoral Commission removable from office? Section 201(1) and (2) of the 1999 Constitution which governs the procedure for such removal provides thus:

“201(1) Any person holding any of the offices to which this section applies shall only be removed from that office by the Governor of that State acting on an address supported by two-thirds majority of the House of Assembly of the State praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

(2) This section applies to the offices of the chairman and members of the State Civil Service Commission, the State Independent Electoral Commission and the State Judicial Service Commission.”

A careful reading of section 201 above reveals that the section onl…