Benin City, Nigeria – The Edo State House of Assembly has approached the state High Court, seeking affirmation of its decision to suspend the 18 local government chairmen and their deputies.
The Assembly filed a suit, marked B/34/2025, on January 28, 2025, urging the court to uphold its authority under Section 20(b) of the Edo State Local Government Law, 2000, which it claims empowers the legislature to suspend any chairman or vice chairman of a local government council.
Background of the Dispute
The House had suspended all 18 chairmen and their deputies on December 17, 2024, citing insubordination to Governor Monday Okpebholo. The decision followed a petition from the governor, who accused the chairmen of disregarding his directive to submit their councils’ financial statements.
However, the affected chairmen and the Peoples Democratic Party (PDP) challenged the suspension, arguing that the governor lacked the authority to demand such records due to the recent Supreme Court ruling on local government autonomy.
Since the suspension, all chairmen and their deputies have been impeached—a move they are also contesting in court.
Legal Arguments by the Assembly
In the suit, filed by C. O. Edosa & Co., the Assembly seeks judicial clarity on whether its actions were consistent with the law, particularly concerning local government autonomy. The key issues raised include:
Whether the suspension of the chairmen and their deputies was lawful under Section 20(b) of the Local Government Law, 2000.
Whether the legislative arms of the councils were properly constituted under Sections 11(3) and 14 of the law.
Whether, in the absence of a chairman and vice chairman, local government legislative councils have the authority to manage and control council affairs and funds.
Court Proceedings and Next Steps
The Assembly is asking the court to declare that its actions did not dismantle the democratic structure of local government councils and that governance at the local level remains intact. It is also seeking confirmation that the leaders of the legislative arms of the local councils are duly elected officials.
The defendants have been directed to appear in court—either personally or through legal representation—within 42 days of being served. Failure to do so may result in the court proceeding with the case and issuing orders as deemed necessary.
The legal battle over local government administration in Edo State is set to continue as stakeholders await the court’s ruling.
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