By Ozioruva Aliu, Benin-City
The Benin Division of the Court of Appeal has nullified the dissolution of the Edo State Law Review Commission which was dissolved in 2008 and ordered that they be reinstated and complete their tenure which the court said should now run from 25th March 2021, the day the judgment was given to 25th August 2025.
In a unanimous decision of the three-man panel delivered by Justice Biobele Abraham Georgewill, the appellate court said the Commission was a tenured committee and that the administration of Comrade Adams Oshiomhole that 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 and the State House of Assembly are the respondents and the appellants challenged the ruling of Justice N. A. Imoukhuede where he dismissed the claims of the appellants for 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.”
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The court set aside the letter issued by the then Secretary to State Government (SSG) on behalf of the state governor saying it was issued without compliance with the provisions of the Revised Edition Law of Edo State 2021.
He said “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”
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