Edo: EDHA seeks court interpretation following suspension of council chairmen

From Tony Osauzo, Benin

The crisis surrounding the suspension of local government council chairmen in Edo State has taken a new dimension, as the State House of Assembly (EDHA) has filed a writ of summons against the suspended chairmen of the 18 local government councils to seek judicial interpretation of certain sections of the Edo State Local Government Law, 2000.

The summons, filed through C. O. Edosa of C. O. Edosa and Co., lists the 18 suspended chairmen as defendants, alongside the state government, the governor, and three others.

The Edo State House of Assembly and its Speaker, Hon. Blessing Agbebaku, are named as claimants, along with councillors from the 18 local government areas of the state.

In suit no. B/34/2025, dated 28 January 2025 and filed at the Edo State High Court, the Assembly presented four issues for determination, without seeking any specific reliefs.

The claimants seek to determine:

• Whether, under Section 20(b) of the Local Government Law, 2000, the Assembly has the power to suspend a chairman and/or vice-chairman of a local government council in Edo State.
• Whether the suspension of the chairmen and their vice-chairmen contravenes Section 20(b) of the law or undermines the democratic structure of local government councils in the state.
• Whether, based on Sections 11(3) and 14 of the law, the leaders of the legislative arms of the councils are democratically elected members of the councils.
• Whether the legislative arms are entitled, in the absence of the chairman and vice-chairman, to act on behalf of the council, particularly concerning the administration, management, and control of the council’s affairs and funds.

Additionally, the claimants seek declarations, including:

• That the democratic system, structure, administration, and governance of local government councils remain intact despite the suspensions.
• That under Section 20(b) of the Local Government Law, 2000, the Edo State House of Assembly has the power to suspend a chairman and/or vice-chairman of a local government council.
• That, by reading Sections 11(3) and 14 together, the leaders of the legislative arms of the local government councils are democratically elected members of the councils.

The defendants are required to enter an appearance, either personally or through legal counsel, within 42 days of being served.

“If the defendants do not enter appearance within the time and at the place mentioned, such orders will be made, and proceedings may be taken as the judge deems just and expedient,” the summons stated.