Court Adjourns Suit Against Okpebholo Over Non-Indigene Commissioner Appointment To Dec 9

Court Adjourns Suit Against Okpebholo Over Non-Indigene Commissioner Appointment To Dec 9

Habiba Sam

A Benin High Court has fixed December 9, 2026 for hearing of the suit challenging Governor Monday Okpebholo's appointment of a non-indigene as Commissioner in Edo State.

Justice Anthony Erabhor fixed the date for the constitutional suit marked B/207OS/2026, filed by the Incorporated Trustees of the Initiative for Rural Development, Information and Legal Advocacy Centre (RUDILAC) via Originating Summons on September 1, 2026.

The suit is challenging the appointment of Mr Martin Oli, said to be from Enugu State, into the Edo State Executive Council.

RUDILAC wants the court to interpret Section 14(4) of the 1999 Constitution (as amended) and determine whether a person who is not an indigene of Edo State can be validly appointed as Commissioner.

The section states that government composition must be carried out to recognise the diversity of the people within its area of authority and promote a sense of belonging among all Nigerians.

Counsel to the applicant, Mr President Aigbokhan, argued that Section 14(4) means the composition of a State Government must reflect the diversity within that State, and therefore appointing a non-indigene as Commissioner violates the Constitution.

According to him, "diversity of the people within its area of authority" refers to indigenous, ethnic and local demographics native to the state.

"The Executive Council of a State is not a floating pan-Nigerian parastatal; it is the micro-representation unit of the sub-national sovereign. It exists to mirror the pluralistic identities of the local communities that comprise the State," Aigbokhan submitted.

Governor Okpebholo, who assumed office on November 12, 2024, had appointed Oli in early 2026, saying the decision was to promote inclusive governance and give non-indigenes a sense of belonging, a move that sparked debate on indigene-settler issues.

RUDILAC contends that Commissioner positions should be reserved for indigenes from Edo's senatorial districts to avoid marginalisation, and is asking the court to nullify Oli's appointment and order him to refund all salaries and allowances received to the state coffers.

The suit is seen as a landmark case that will clarify the question of indigeneity in the composition of state executive councils in Nigeria.

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