Appeal court
Reprieve came the way of members of the Edo State Law Review Commission, which was dissolved 13 years ago in 2008, as the Benin Division of the Court of Appeal nullified the dissolution and ordered that they be reinstated to complete their tenure.
In addition, the appellate court made an express order that the truncated tenure should now run from 25th March 2021, the day the judgment was given, to 25th August 2025.
The court, in a unanimous decision by the three-man panel delivered by Justice Biobele Abraham Georgewill, affirmed that the commission was a tenured entity, adding that the administration of Comrade Adams Oshiomhole dissolved the commission did not pass through the laid down procedure.
The appellants in the No B/375/OS/2009 are Elder Jonathan Aghimien (SAN), T. E. Ogbeide-Ihama and Edward Aigbanbe while the Governor of Edo State, Attorney General of the state and the State House of Assembly are the respondents.
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The appellants challenged the ruling of Justice N. A. Imoukhuede of Edo High Court, who dismissed the claims of the appellants on the ground of being statute-barred.
In his ruling, Justice Georgewill declared that “The dissolution of the Edo State Law Review Commission and consequent termination of the appointments of the Appellants on 24/11/2008 without due compliance with the provisions of the Revised Edition Law of Edo state 2001 by the 1st Respondent, the then Executive Governor of Edo state is null, void and of no effect whatsoever.”
The court set aside the letter issued by the then Secretary to State Government (SSG) on behalf of the state government saying it was issued without compliance with the provisions of the Revised Edition Law of Edo State 2021.
“An order is hereby given reinstating the Appellants to their aforesaid position as chairman and members of the Edo State Law Review Commission to serve out the remainder of their five years tenure from 28/4/2008 to 24/11/2008 and thereafter from the date of this judgment being 25/3/2021 to 25/8/2025 totalling five years in line with Section 7 (1) of the Revised Edition Law 2001 of Edo State excluding the period from 24/11/2008 to 25/3/2021, unless the Appellants are removed in line with the provision of the Revised Edition law of Edo State of Nigeria 2001,” Justice Georgewill ruled.
Justices Oyebisi Folayemi Omoleye and Dr Frederick O. Oho concurred.
Appeal Court reinstates Edo Law Review Commission 13 years after dissolution
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