The Edo State House of Assembly (EDHA) has issued a writ of summons against the suspended chairmen of the 18 local government areas of the state to seek the interpretation of some sections of the state local government law 2000.
In the summons through C. O Edosa of C. O Edosa and Co, the 18 chairmen were joined in the suit as defendants with the state government, governor and three others.
Similarly, the state legislature and speaker of the assembly, Hon. Blessing Agbebaku, were listed as claimants alongside councillors from the 18 council areas of Edo state.
In the suit no. 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 sought no reliefs.
In the summon, 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.
To determine if the assembly ran foul of section 20(b) of the law or by suspending obliterated the existence of the democratic structure of local government councils in Edo State by suspending the chairmen and their vice.
To also 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.
Lastly, 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 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 the following declaration: Has the legislature, by its action, in any way obliterated the democratic structure of councils? Therefore, the democratic system of local government council, its structure, administration, and governance are still intact and in place.
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 councilsin Edo State) are democraticaly 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 does 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.
