Ben Ogbemudia, Abuja
A Federal High sitting in Abuja has declined jurisdiction in a case filed by the suspended chairmen of the 18 Local Government Councils in Edo State.
The court presided over by Justice Emeka Nwite, had adjourned the matter to Monday, the 20th of January, 2025 for hearing of a Motion on Notice for an interlocutory injunction filed by the suspended chairmen.
When the matter came up on Monday morning, the presiding Judge informed the lawyers to the parties that upon an application by the counsel for the 1st to 5th Defendants, the case file has 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.
Aggrieved 18 LG chairmen and the Peoples Democratic Party (PDP) filed a motion ex parte marked FHC/ABJ/CS/1952/V/2024. In the motion dated Dec 20, 2024, but filed Dec 24, 2024, the chairmen and PDP sued Speaker, Edo state House of Assembly; Executive 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.
