By Imelda Osayande
The Benin Division Court of Appeal on Tuesday overturned the dissolution of the Edo State Law Review Commission for the past 13 years for failure to follow due process.
The Commission was dissolved in 2008 by the administration of Governor Adams Oshiomhole.
But the court, in a unanimous judgment, ordered the members of the Commission to be reinstated and allowed to complete their term, which is now scheduled to run from March 25, 2021, the day of judgment, to August 25, 2025.
In the judgment rendered by the three-man panel and read by Judge Biobele Abraham Georgewill, with Judges Oyebisi Omoleye and Dr Fredrick Oho as members, the appeals court ruled that the administration headed by Adams Oshiomhole had failed not followed the established procedure to dissolve the commission.
The appellants, in Case B / 375 / OS / 2009, were identified as: Jonathan Aghimien (SAN), TE Ogbeide-Ihama and Edward Aigbanbe, while the Governor of Edo State, the Attorney General and the State House of Assembly were the respondents.
NAN reports that the appellants challenged the ruling of State High Court Judge Nogi Aifuwa Imoukhuede in which he dismissed the appellants’ claims for limitation.
In his ruling, Judge Georgewill stated that “the dissolution of the Edo State Law Review Commission and the consequent termination of appellants’ appointments on 11/24/2008, without properly complying with the provisions of the Edo State Revised Edition Act 2001, by the First Respondent, the Executive Governor of Edo State is null, void and of no effect. “
The court quashed the letter issued by the then Secretary of State Government (SSG) on behalf of the state governor, claiming that it was issued without complying with the provisions of the Publishing Act Edo State Revised 2001.
He said: “An Order is hereby given reinstating the Appellants to their aforementioned positions as Chairman and Members of the Edo State Law Review Commission for the remainder of their five-year term.
He added that and thereafter from the date of this judgment being 25/3/2021 to 25/8/2025 in total five years in accordance with Article 7 (1) of the revised edition law of Edo State 2001, excluding the period 11/24/2008 to 3/25/2021, unless the appellants are removed in accordance with the provisions of the Edo State Revised Edition Law ‘Edo in Nigeria 2001′ (NAN)
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