TWO years after they were dismissed by the Kayode Fayemi government in Ekiti State, the chairman and members of the State Independent Electoral Commission, SEIC, sacked on October 22, 2010, were on Thursday ordered reinstated by a High Court in Ado-Ekiti.
The court presided over by Justice John Adeyeye declared that Governor Fayemi acted ultra-vires his powers by sacking the commission members via radio announcements.
In Suit Number HAD/121/2010, the SIEC Chairman, retired Major General Kayode Oni and four other members had approached the court to declare the action of the governor unlawful, unconstitutional, oppressive and ultra-vires his powers.
In the suit filed by their counsel, Obafemi Adewale, the claimants also asked the court to set aside the purpoted dissolution of the commission and order their reinstatement.
Counsel to the claimants had averred that appointment of Gen. Oni and other members had constitutional and enjoyed statutory flavour. He cited Sections 197, 198, 199 and 201 of the 1999 Constitution of the Federal Republic of Nigeria as ammended, and a pletora of legal authorities to support his argument.
Delivering judgment today, Justice Adeyeye said the governor had no powers whatsoever to sack the commission members, whose tenure is put at five years by the Constitution of the Federal Republic of Nigeria.
The judge ressolved all issues raised by the claimants in their favour and also granted their reliefs, including but not limited to their return to office, not withstanding whether the positions had been filled or whether claimants had taken other appointments elsewhere.
Justice Adeyeye had earlier in his judgment dismissed the two preliminary objections earlier raised by counsel to the defendants, Dayo Akinlaja, the State Attorney General and Commissioner for Justice, who is also a defendant in the suit.
The judge maintained that the claimants had reasonable cause of action and that the amendment to Section 254 of the Constitution, which ousted the jurisdiction of the State High Court and gave it to National Industrial Court was not in force when the matter arose in 2010.
On whether former Governor Segun Oni had powers to appoint chairman and members of the commission, the judge answered in the affirmative and cited the case of Balonwu vs Governor of Anambra State as well as Section 168 (1) of the Evidence Act 2011, which bordered on presumption of regularity.
Commenting on the judgment, one of the SIEC members, Mr. Sesan Akinola said the coast was now clear for the conduct of local government elections in the State, adding that; “we will issue notice of elections in accordance with Electoral Act very soon.”
Akinola, who said the SIEC will liase with the State Government on the conduct of the Council elections assured all parties in the State of level playing ground for the poll.
The State Attorney General, who had been the lead counsel to the defendants in the matter was not in court. However, a top legal officer in his ministry hinted that the judgment will be appealed.