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From Tony Osauzo, Benin
The crisis of suspension of local government council chairmen in Edo State has taken a new dimension as the House of Assembly has filed a suit against the suspended chairmen of the 18 local governments councils 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 as defendants with the state government, governor and three others.
The House of Assembly, Speaker of the assembly, Blessing Agbebaku were listed as claimants alongside councilors from the 18 council areas.
In the suit no. B/34/2025, dated January 28 and filed at the state High Court, the Assembly put forward four issues for determination and also sought for no 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.
“To determine if the Assembly run foul of section 20 (b) of the law or obliterated the existence of the democratic structure of local government councils in Edo state by suspending the chairmen and their vice.
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“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 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 seek amongst the following declaration if by its action, the legislature has 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.
“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.”
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”, the summons stated.
