Local Govt Versus State: Edo AG Ask Court to Vacate Injunction, Says Court Lacks Jurisdiction

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By Reporter

The Attorney General of Edo State, Mr. Samson Osagie is asking Edo State High Court, to vacate the mandatory order that restrained his office, the state government, House of Assembly and others from dissolving or suspending the 18 Local Government Councils in the state.

According to the court documents sighted by Midwest Herald judicial reporter, the Attorney General brought the Motion on Notice pursuant to order 40 rule 9 (1)-(3) of the Edo State High Court (Civil Procedure) Rules, 2018 and under the inherent jurisdiction of the court.

Osagie, representing himself and five others, is asking three reliefs, including an order to vacate the Interim Injunction granted by Honourable Justice Efe Ikponmwonba in the Exparte Application by the 18 Local Government Chairmen, led by Mr. Newman Ugiagbe, Chairman of Association of Local Government of Nigeria.

The mandatory order was granted on December 16, 2024.

Osagie is also asking for an order of the Court to vacate the Mandatory Injunction
granted by same court in this suit via an Exparte Application by the Local Government Chairmen on Friday December 20, 2024.

Finally, AG Osagie is asking for an order of the court, restraining the Local Government Chairmen from “enforcing or taking steps or doing anything in the exercise of any claim or right arising from the Interim and Mandatory Injunctions granted by Honourable Justice Ikponmwonba both on the December 16, 2024 and December 20, 2024 pending the hearing and determination of the motion fixed for February 17, 2025 before the court.

Osagie is relying on the following grounds to justify his application.

The AG claims that the rights of Edo State Government, the House of Assembly and the rights of other Defendants/Applicants to fair hearing was breached by the court as the exparte application upon which…the court granted the mandatory injunction in favour of the Council Chairmen on the 20th of December 2024, after the earlier Interim Injunction granted also in their favour on December 16, 2024, ought to have been served on them.

He stated also that “…all the proper parties are not before this Honourable Court as the Edo State House of Assembly whose action is the reason for the granting of the said injunction on the 20th of December, 2024 is not a party to this suit.

“That the procedure leading to the grant of the Mandatory Injunction upon an Exparte Application was irregular as it was improper to hear another Exparte Application after this Honourable Court had fixed a return date of 17/02/2025 for the hearing of the substantive Motion on Notice in this same suit.

“That the application brought before this Honourable Court pursuant to which the said Mandatory Injunction was granted on 20/12/2024, is an abuse of court process in view of the earlier interim order made on 16/12/2024 bordering on the same reliefs and hearing of the pending motion on notice thereof fixed for 17/2/2025.”

Osagie contend that the Edo State High Court lacks the jurisdiction to entertain the suit.

“This Court lacks the jurisdiction to hear the case or make any interim or mandatory order(s) as the proper parties which include the Edo State House of Assembly are not completely before the Court.”

He is also asking the court to disqualify the suit due to the involvement of Mr. Oluwole Osaze-Uzzi, his predecessor Attorney General in the suit.

“That the entire suit is incompetent as Oluwole Osaze-Uzzi Esq (the Claimants/Respondents’ Solicitors) in fact represented them in contravention of the Rules of Professional Conducts having had the privilege and classified information of the Defendants/Applicants in his position as the immediate past Attorney General of Edo State who also represented the Defendants/Applicants in a similar Suit No. B/257 OS/2024 (a sister case bothering on the same subject matter which was recently determined by the Honourable Chief Judge on 11/11/2024).

The substantive suit hard earlier been adjourned to February 17, 2025 by the court.