By Newsmata
With the successful take-over of all the 18 local government councils in Edo State by the ruling All Progressives Congress, (APC) the battle has shifted to cornering the councils’ funds, especially with the state government’s stooges now at the helm of affairs.
The state House of Assembly has approached an Edo State High Court seeking an order directing Governor Monday Okpebholo, the state government, and the state’s accountant general (19th, 20th and 22nd defendants) to allow elected officials of the councils represented by the councillors (3rd – 19th claimants) “to access the funds due to the respective Local Government Councils for the purpose of applying the said funds for the benefit of the people of the respective Local Government Councils, Edo State”.
The House also sought the order of the court restraining the suspended council chairmen or their agents from operating the bank accounts of the local government councils, meddling in their finances, or stopping banks from honouring cheques from the councils.
Newsmata recalls that following the suspension of the chairmen for alleged gross misconduct and insubordination, the state government had orchestrated the impeachment of most of the chairmen, while some others defected to the APC to save their seats.
Severe backlash had trailed the developments in the councils, especially given the June 2024 autonomy granted the 774 local government councils in the country by the Supreme Court.
In its originating summons dated January 28, 2025, the House of Assembly and the Speaker are seeking an interpretation of some sections of the Edo State Local Government Law, 2000, which it had insisted empowered it to suspend the embattled local government councils’ chairmen.
In the summons filed by C. O Edosa of C. O Edosa and Co., the 18 chairmen were joined in the suit as defendants, alongside the state government, Governor Monday Okpebholo, the state attorney general and commissioner for justice, and the permanent secretary, ministry of local government, community and chieftaincy affairs.
The state Legislature, Speaker of the House, Blessing Agbebaku, were also listed as claimants alongside councillors from the 18 council areas of Edo State.
In the suit no. B/34/2025, the state legislature raised four issues for determination and sought for some reliefs. They are:
“Whether, having regard to the provisions of Section 20 (b) of the Local Government Law, 2000, Edo State House of Assembly does not have the power to suspend a chairman and/or the vice chairman of a local government council in Edo State.
“Whether, having exercised the powers donated to it by Section 20 (b) of the Local Government Law, 2000, Edo State, the action of the Edo State House of Assembly taken on 17/12/2024 suspending the 18 local government chairmen and/or Vice Chairmen in Edo State has obliterated and/or wiped out the existence of the democratic structure/system of local government councils in Edo State.
“Whether by the combined reading of the provisions of Sections 11 (3) and Section 14 of the Local Government Law, 2000, Edo State, the Leader (s) of the Legislative Arms of the local government councils in Edo State are not democratically elected members of the council.
“Whether by the provisions of Section 20 (c) of the Local Government Law, 2000, Edo State, the leader (s) of the Legislative Arms of the Local Government Council (who by Section 11 93) of the local government law, 2000 , are also democratically elected members of the Council) 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”.
Flowing from these, the claimants sought the declaration of the court, upon favourable determination of the above questions, that the House of Assembly’s suspension of the chairmen “has not in any way obliterated or wiped out the existence of the democratic structure/system of the local government council in Edo State, 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.
“A declaration that by the provisions of Section 20 © of the Local Government Law, 2000, Edo State, the 3rd – 19th claimants 9who are also democratically elected members of the council) are entitled to act on behalf of the council in the absence of the Chairman or Vice Chairman particularly with regards to the administration, management and/or control of the affairs of the local government Councils and all the funds due to the local government council”.
The House also sought the court’s declaration that the 3rd to the 19th claimants “are entitled to operate the bank accounts of the local government councils domiciled in in any bank in Nigeria for the benefit of the people of their respective local government councils”.
They therefore sought the order of the court directing the 19th, 20th and 22nd defendants “to allow the 3rd – 19th claimants “to access the funds due to the respective Local Government Councils for the purpose of applying the said funds for the benefit of the people of the respective Local Government Councils, Edo State”.
The House also sought an order of injunction “restraining the defendants, their agents, privies or whatever name called, from interfering and/or meddling with the affairs, administration, management and control of the local government councils.
“An order restraining the defendants, their agents, privies or whatever name called from operating the bank accounts of the local government councils or interfering/meddling with the funds/finances of the council or stopping banks from honouring cheques from the local government councils”.
The defendants are to enter appearance personally or through their counsel within forty-two 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,” according to the summons.
