18/12/2024
Edo State Government’s Dissolution of Commissions: A Legal and Constitutional Concern
The recent announcement by the Edo State Government, approving the dissolution of all commissions in the state’s public service – including the Edo State Independent Electoral Commission (INEC) – raises serious legal and constitutional questions.
1. State INEC’s Constitutional Role:
The Edo State INEC, like all State Independent Electoral Commissions (SIECs), is recognized under Section 197 of the 1999 Constitution as an independent body. Dissolving it through an executive decision without due process may be unconstitutional and subject to legal challenge.
2. Impact on Ongoing Election Dispute:
With the last governorship election in Edo State currently being disputed in court, the timing of this decision is troubling. It could be perceived as interference in the judicial process, undermining public confidence in both the courts and the electoral system.
3. Legal Due Process:
Any attempt to dissolve commissions, particularly a constitutional body like the State INEC, must follow established legal procedures. A unilateral decision without legislative or judicial approval may be considered ultra vires (beyond legal authority).
4. Implications for Governance:
Ordering immediate handover of government properties could disrupt ongoing operations and trigger legal battles from members of the affected commissions.
In conclusion, this move is likely to be challenged in court as unconstitutional, especially in the context of a sensitive election dispute. Edo State deserves transparency, adherence to the rule of law, and actions that strengthen, not weaken, its democratic institutions.
What are your thoughts on this decision? Should constitutional bodies be dissolved without due process? Share your views!
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