NOSA AKINTOLA OKUNGBOWA & ORS V. GOVERNOR OF EDO STATE & ORS

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 res…