MAJOR GENERAL KAYODE ONI (RTD.) & ORS V. GOVERNOR OF EKITI & (2019)

Background

This case, Major General Kayode Oni (Rtd.) & Ors v. Governor of Ekiti State, revolves around the appointments of the appellants as full-time chairman and members of the Ekiti State Independent Electoral Commission (ESIEC). The controversy began when the appellants were appointed by the then Governor, Engr. Olusegun Adebayo Oni, under letters stating their appointments were "at the pleasure of the Governor".

Following the dissolution of the commission by the new governor, Dr. Kayode Fayemi, the appellants challenged their removal and sought declaratory relief in the Ekiti State High Court, asserting their appointments had statutory flavour protected by the Constitution.

Issues

The main issues to determine included:

1. Whether the appointment of the appellants constituted statutory appointments as defined by the law.
2. Whether their appointments, described as "at the pleasure of the Governor", nullified their statutory rights under the Constitution.

Ratio Decidendi

The Supreme Court held that for an appointment to be considered statutory, it must be made in compliance with the Constitution, particularly Section 198. The court emphasized that appointments must undergo the confirmation process by the House of Assembly, which was not followed in this case.

Court Findings

The court concluded that:

1. The phrase "at the pleasure of the Governor" did not afford the appellants the security of tenure provided under the relevant constitutional provisions.
2. The appellants' appointments were characterized as invalid due to lack of legislative confirmation, rendering them non-statutory.

Conclusion

The appeal was ultimately dismissed as the appointments of the appellants were deemed invalid and void. The court highlighted that without confirmation from the State House of Assembly, the appointments did not meet constitutional requirements, leading to their automatic invalidation upon the change of governorship.

Significance

This ruling sets a clear precedent regarding the importance of statutory frameworks governing appointments within state institutions in Nigeria. It emphasizes the necessity of adhering to constitutional provisions to protect the integrity of appointments and maintain checks and balances within the state's governance structures.