The Edo State House of Assembly 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.
In the suit filed on January 28 at an Edo State High Court in Benin, the Assembly presented four issues for determination, without seeking any specific reliefs.
In the summon, the claimants seek to know whether having regard to the provsions of Section 20 (b) of the local government law, 2000, the assembly does not have the power to suspend a chair – man and/or the vice chairman of a local government council in the state.
“To determine whether the Assembly ran foul of section 20(b) of the law or by suspending obliterated the existence of the democratic structure of local government councils in Edo state by suspending the chairmen and their vice.
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 regard 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.
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.
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