The Edo State House of Assembly has taken legal action against the 18 suspended local government chairmen, seeking judicial interpretation of Section 20 of the Edo Local Government Law, 2000 (as amended).
The suit aims to determine whether the 24 lawmakers had the authority to suspend the elected chairmen and their deputies for two months.
Filed at the Edo High Court in Benin under suit number B/34/2025, the case was instituted by the Assembly’s legal counsel, C. O. Edosa. The defendants include the suspended chairmen, Edo State Governor Senator Monday Okpebholo, and others, while the Speaker, Chief Blessing Agbebaku, and councillors from the 18 local government areas are listed as claimants.
The claimants presented four key issues for determination and sought nine reliefs. Among their arguments is whether Section 20(b) of the Local Government Law grants the Assembly the power to suspend local government chairmen and vice chairmen. They also questioned whether the suspension violated the law or undermined the democratic structure of local government administration in Edo.
Additionally, the suit seeks clarification on whether, based on Sections 11(3) and 14 of the law, the legislative leaders of the 18 councils qualify as democratically elected members of their respective councils.
They sought to know if the legislative arms in the councils were entitled, in the absence of the chairmen and vice chairmen, to act on behalf of the councils, particularly with regard to the administration, management, and/or control of the affairs of the local government councils and all the funds due to the local government councils.
The claimants sought a declaration that by their (suspended council chairmen’s) actions, the legislature had not in any way obliterated the existence of the democratic structures of the councils, and therefore, democratic system of local government administration and governance were still intact and in place.
They further sought declaration that by virtue of Section 20 (b) of the Local Government Law, 2000, Edo State, the first claimant (Edo State House of Assembly), had the power to suspend the chairmen and vice chairmen of local government councils in Edo.
The claimants also wanted a declaration that by the combined reading of the provisions of Section 11(3) and Section 14 of the Local Government Law, 2000, Edo State, the 3rd – 19th claimants (leaders of the Legislative Arms of Local Government Councils in Edo State) were democratically elected members of the local government councils.
The defendants were to enter appearance personally or through their counsel within forty two days of being served the writ of summons.
In case the defendants did not enter appearance within the time and at the place mentioned such order (s) would be made and proceedings might be taken, as the presiding judge might consider such as expedient.
The hearing in the suit brought before Edo High court, Benin, by the suspended chairmen against Okpebholo, Edo House of Assembly and others would be heard on February 17.
The court granted the restraining order by the claimants (the 18 suspended local government council chairmen), and placed a lien on all local government accounts in Edo, after restraining the councils’ officials from accessing the accounts, pending the hearing and determination of the substantive suit.
