Edo Assembly Seeks Clarity on Suspension of Local Council Leaders in Court Case
The Edo State House of Assembly (EDHA) has filed a suit before the Edo State High Court seeking the interpretation of Section 20 of the Local Government Law, 2000, as amended, regarding the powers of the assembly to suspend local government chairmen. The case, marked B/34/2025 and filed on January 28, 2025, brings the 18 embattled local government council chairmen, Governor Monday Okpebholo, and three other individuals before the court.
The suit, instituted through the state assembly’s counsel C.O. Edosa, includes the Speaker of the Assembly, Rt. Hon. Blessing Agbebaku, and councillors from the 18 councils as claimants. The legislature is seeking clarity on whether it has the legal authority to suspend the chairmen and their vice-chairmen under Section 20(b) of the Local Government Law.
Edo State House of Assembly Seeks Court Interpretation on Local Government Suspension Powers
In the legal action, the claimants are requesting the court to determine if the suspension of the chairmen and vice-chairmen of the 18 local government councils violated the provisions of Section 20(b) of the law, potentially undermining the democratic structures of the councils in Edo State. They also seek confirmation on whether the legislative arms of the councils, in the absence of the chairmen and vice-chairmen, can continue managing the affairs of their respective councils.
The state legislature has put forward four key issues for determination, including whether the suspension has damaged the local government structure or whether the legislative bodies can still control local government affairs and funds in such a scenario.
Edo Assembly Seeks Clarity on Suspension of Local Council Leaders in Court Case
Further, the claimants request a declaration that the Edo State House of Assembly has the authority to suspend a chairman or vice-chairman of a local government council under the provisions of Section 20(b) of the Local Government Law, 2000. The claimants also seek the court’s ruling on whether the legislative arms’ leaders of the councils are democratically elected members of their councils, as stipulated in Sections 11(3) and 14 of the law.
Edo State Legislature Challenges Local Government Chairmen’s Suspension in Court
The defendants, which include the local government chairmen and the governor, are expected to respond to the summons by appearing in court or through their counsels within 42 days of being served. Should the defendants fail to appear within the stipulated time, the judge may proceed with further proceedings as deemed appropriate.
The outcome of this case will likely set an important precedent regarding the powers of the state legislature over local government leaders and the interpretation of local government law in Edo State.
