Suit by 18 Suspended Edo Council Chairmen Suffers Setback as Abuja Judge Declines Jurisdiction

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Justice Emeka Nwite of a Federal High Court, Abuja Division, has declined jurisdiction in a case filed by the embattled chairmen of the 18 Local Government Councils in Edo State who were suspended December 17, 2024, for two months, by the Edo State House of Assembly for alleged gross misconduct and insubordination following complaints against them by Governor Monday Okpebholo.

The suspended chairmen had sought an order of status quo ante bellum to restrain the governor from giving effect to the resolution of the Assembly for their removal.

Recall that Justice Nwite had on January 6, adjourned the matter to Monday, January 20, 2025, for hearing in a Motion on Notice for an interlocutory injunction filed by the suspended chairmen.

When the matter came up Monday morning, Justice Nwite informed lawyers to both parties that upon an application by the counsel for the 1st to 5th Defendants, the case file had been transferred to the Benin Division of the Federal High Court.

“The implication of the transfer is that the Federal High Court Abuja lacks the territorial jurisdiction to entertain the case, since the parties are based in Edo and the main subject matter of the suit is the interpretation of the Edo State Local Government Laws.”

The Judge had ordered the parties to maintain status quo. It is uncertain whether or not the interim order will stand following the transfer of the case from Abuja to Benin.

A senior lawyer present in court, who did not want his name in print, said the implication of the transfer of the case to Benin is that the Federal High Court in Abuja lacks the territorial jurisdiction to entertain the matter, since the parties are based in Edo and the main subject matter of the suit is the interpretation of the Edo State Local Government Law.

The aggrieved 18 LG council chairmen and the People’s Democratic Party (PDP) had filed a motion ex parte marked FHC/ABJ/CS/1952/V/2024. In the motion dated December 20, 2024, but filed December 24, 2024, the petitioners sued the Speaker, Edo State House of Assembly, Governor of Edo State as 1st to 4th defendants.

Also joined in the suit are the Attorney General and Commissioner for justice, Edo State, the Attorney General of the Federation, and the Inspector General of Police, as 5th to 7th defendants respectively.