The Edo State House of Assembly (EDHA) has dragged the 18 embattled Local Government Council Chairmen in the state before a state high court through a writ of summons, seeking the interpretation of Section 20 of the Local Government Law, 2000, as amended.
The suit, instituted by the state assembly through its counsel, C.O. Edosa of C.O. Edosa and Co, has the 18 local chairmen, Governor Monday Okpebholo, and three others as defendants.
Similarly, the state legislature, including the Speaker of the Assembly, Rt. Hon. Blessing Agbebaku, was listed as a claimant alongside councillors from the 18 council areas of Edo State.
In the suit marked B/34/2025, dated January 28, 2025, and filed at the Edo State High Court, the state legislature put forward four issues for determination and also sought nine reliefs.
The claimants seek to know whether, having regard to the provisions of Section 20(b) of the Local Government Law, 2000, the assembly does not have the power to suspend a chairman and/or the vice-chairman of a local government council in Edo State.
They also seek to determine if the assembly, by suspending the chairmen and their vice, has run foul of Section 20(b) of the law or obliterated the existence of the democratic structure of local government councils in Edo State.
Additionally, they seek to determine whether, by the combined reading of the provisions of Sections 11(3) and Section 14 of the law, the leaders of the legislative arms of the councils were not democratically elected members of the council.
They seek to know if the legislative arms are entitled, in the absence of the chairman and vice-chairman, to act on behalf of the council, particularly with regard to the administration, management, and/or control of the affairs of the local government council and all the funds due to the local government council.
In a similar manner, the claimants seek a declaration that by their action, the legislature has not in any way obliterated the existence of the democratic structure of councils, and therefore the democratic system of local government council, its structure, administration, and governance are still intact and in place.
They further seek “a declaration that by virtue of the provisions of Section 20(b) of the Local Government Law, 2000, Edo State, the 1st Claimant (Edo State House of Assembly) has the power to suspend a chairman and/or vice-chairman of a local government council in Edo State.”
“A declaration that by the combined reading of the provisions of Sections 11(3) and Section 14 of the Local Government Law, 2000, Edo State, the 3rd-19th claimants (Leader(s) of the Legislative Arms of the local government councils in Edo State) are democratically elected members of the local government council.”
In the summons, the defendants are to enter appearance personally or through their counsels within forty-two days of being served.
“If the defendants do not enter appearance within the time and at the place above mentioned, such order(s) will be made and proceedings may be taken as the Judge may think just and expedient,” it stated.
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