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Court Battle Looms Over Okpebholo’s Appointment Of Non-Native As Edo Commissioner


A group known as the Initiative for Rural Development, Information and Legal Advocacy Centre (RUDILAC) has filed a suit challenging Governor Monday Okpebholo’s appointment of persons it claims have no indigenous ties to Edo State as members of the State Executive Council.


The suit, filed before Justice Anthony Nosa Erabhor of the Edo State High Court and marked B/207OS/2026, is challenging the constitutional basis for appointing a non-indigene as a Commissioner in the Edo State Government.


The suit is asking the court to determine whether, upon a proper interpretation of Section 14(4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), a person who is not an indigene of Edo State can validly be appointed as a Commissioner in the state government.


The legal challenge follows the appointment of Mr Martin Oli, said to be an indigene of Enugu State, as a member of the Edo State Executive Council.


While the state government has reportedly presented the appointment as part of its effort to promote inclusive governance and accommodate non-indigenous residents, RUDILAC argues that the appointment is inconsistent with the constitutional principles governing the composition of a state government.


According to the group’s lead counsel, Mr President Aigbokhan, Section 14(4) of the 1999 Constitution requires the composition of a state government and its agencies to recognise the diversity of the people within its area of authority.


He argued that the appointment of a person who is not an indigene of Edo State as a Commissioner therefore raises a constitutional question that requires judicial determination.


The suit contends that the composition of the State Executive Council should reflect the indigenous, ethnic and geographical diversity of Edo State and that cabinet positions should not undermine what the claimant describes as the constitutional protection against marginalisation of indigenous communities.


Section 14(4) of the Constitution provides: “The composition of the Government of a State, a local government council or any of the agencies of such Government or council and the conduct of the affairs of the Government or council or such agencies shall be carried out in such a manner as to recognise the diversity of the people within its area of authority and the need to promote a sense of belonging and loyalty among all the people of the Federation.”


The suit argues that the phrase “diversity of the people within its area of authority” should be interpreted as encompassing the indigenous configurations, ethnic groups and local communities that make up Edo State.


It further argues that the State Executive Council is a representation of the state’s constituent communities and should therefore reflect the pluralistic identities of those communities.


Among the reliefs being sought by the claimant is an order setting aside the appointment of Mr Martin Oli as a Commissioner in the Edo State Government.


The claimant is also seeking an order directing Oli to refund to the Edo State Government any salary, allowances or other financial benefits allegedly received by him by virtue of the appointment.


The court has fixed December 9, 2026, for hearing of the suit.

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