EDHA sues LG chairmen, seeks interpretation of state LG law

THE Edo State House of Assembly has sued the 18 Local Government council chairmen in the state seeking the interpretation of Section 20 of 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 speaker of the assembly, Blessing Agbebaku, was listed as claimants alongside councilors from the 18 council areas of the state.

In the suit marked B/34/2025, dated January 28, 2025 and filed at the state High Court, the legislature listed 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 want the court to determine if the assembly breached section 20(b) of the law or by suspending the chairmen, it obliterated the existence of the democratic structure of local government councils in Edo State.

To also 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.

“If the legislative arms are not entitled, in the absence of the chairman and vice chairman, to act on behalf of the Council particularly with regards 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 sought a declaration if, by its action, the legislature has not in any way obliterated the existence of the democratic structure of councils, therefore, the democratic system of local government council, its structure, administration and governance is 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 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 42 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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