Edo: Condemnation trails inauguration of legislative arm outside LGA headquarters by council chairman
Condemnation has followed the swearing-in of newly elected ward councillors in the Etsako East Local Government Area of Edo State, which took place under controversial circumstances.
Sunny Ekpetika Ekpeson, the elected chairman of the council, was officially sworn in alongside 17 other chairmen by Governor Monday Okpebholo on Friday at the Government House in Benin City. The ceremony, held at a luxury hotel, was captured in a video that has since circulated on social media.
Sources indicate that the inauguration of the legislative arm of the council was intended to occur at the council’s administrative headquarters in Agenebode. Legal experts have voiced concerns regarding the legality of the chairman’s decision to conduct the ceremony away from the designated location.
Luqman Muhammed, a former lawmaker in the Edo State House of Assembly, stated that a council chairman lacks the authority to oversee official council matters outside the local government’s territorial boundaries. He described the chairman’s actions as “ultra-vires,” asserting that they exceeded his legal powers.
Additional legal professionals, who spoke on the condition of anonymity due to political affiliations, suggested that any resolutions, bills, or elected officials from this inauguration could be challenged in court on the grounds that proper procedures were not adhered to. They cited Section 7(1) of the 1999 Constitution, which mandates democratically elected local government councils, as well as Section 19 of the Edo State Local Government Law of 2000, which stipulates that the Legislative Council must convene within the local government area.
These practitioners emphasized that the inaugural meeting should be conducted at the council’s Secretariat and Chambers to underscore its status as an official government function. They argued that if the chairman conducted the congressional inauguration at an external venue without council resolution or emergency justification, it could be deemed legally invalid and potentially overturned by the High Court.
They further noted that the relocation of a legislative body outside its chambers is only permissible under extraordinary circumstances, such as damage to the chambers or security threats. Even in those situations, a council resolution is required, and the alternative location must remain within the local government area.
The lawyers also posited that any elected councillor or local voter could appeal to the High Court to seek an order nullifying the proceedings.
In addition to the legal ramifications, residents of Etsako East have raised concerns about the financial costs associated with the inauguration. Community members asserted that hosting the event at a hotel, which included accommodating councillors and officials and providing refreshments, resulted in significant expenditure, potentially amounting to several million naira.
Efforts to obtain comments from Chairman Ekpeson and the Etsako East Legislative Council were unsuccessful, as the chairman did not respond to phone calls prior to press time.
