BENIN CITY – Counsel to Esan Central Local Government Council legislative arm, Barr. Joe Odibeli has threatened to ask for an order of committal against the Edo State House of Assembly, for deliberating on an issue for which a competent court had issued a restraining order.
Barr. Odibeli who was reacting to the House’s proceedings yesterday regarding Esan Central legislative arm even after a Benin High Court had restrained the House from further interfering in the proceedings of the Esan Central local government legislative arm, said the action amounted to contempt.
The restraining order last week followed a motion ex-parte filed by honourables Steve Ojie Okougbo, Felix Ibhade and Best Imadojemu against the House of Assembly and three honourable members vide suit no B/397m/2008.
The court had, on September 1, 2008 restrained the House from interfering in the proceedings of the Esan Central legislative arm pending the hearing and determination of the motion on notice fixed for September 15, 2008.
Meanwhile, the Edo State House of Assembly has set aside the resolution taken by Esan Central legislative arm on the election of the leader and deputy leader of the council.
The nullification followed a petition entitled “illegal sitting and election of leader and deputy leader of the legislative arm of Esan Central Local Government Area” taken on Monday July 7, 2008.
The petition, written by some serving councillors in the council area was to the effect that the Clerk of the legislative arm erred in law by re-convening the House which was on recess without due process.
Considering the six points recommendation submitted by the chairman of the Ad-hoc Committee set up by the House to investigate the petition, Hon. Christopher Adesotu in the committee’s recommendation noted that the required number of councillors needed for the sitting of the day in question was not met, and thereby fell short of Section 32 of the Local Government Amended Law.
Consequently, the election of the leader and deputy leader of the legislative arm for that day was null and void and of no effect because it was illegal, the House said.
The Parliament also resolved that the council chairman should stop the payment of further remuneration to the affected persons while refund for the sitting allowance of Monday July 7, 2008 should be made to the council with evidence of payment shown to the state House of Assembly.
While advising the council chairman to work with the council’s laid down rules and the constitution of the Federal Republic of Nigeria, the House directed that due process should immediately be followed by the councillors to elect their leaders while the leader of the legislative arm should thereafter swear-in the new councillors whose elections were upheld by the state election Petition Appeal Tribunal.
Similarly, the Parliament directed that the Local Government Service Commission should transfer the Clerk of Esan Central legislative arm back to its office in Benin City to avoid misleading other local government council in the state.
Clean copies of the recommendations which had some minor amendments were however directed by the Speaker, Rt. Hon. Zakawanu Garuba to be sent to the Executive Governor of Edo State, Senator Oserheimen Osunbor, Esan Central Local Government Chairman, Head of the Council legislative arm and the Chairman Local Government Service Commission, before the end of business today, Tuesday September 8, 2008.
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