By DADA AYOKHAI
The inauguration of the legislative arm of Etsako East Local Government Area by the council chairman, Hon. Sunny Ekpetika Ekpeson in Benin City outside the administrative headquarters, Agenebode, has drawn condemnation from legal practitioners who described the action as illegal.
Hon. Ekpetika was sworn in alongside other local government chairmen in the 18 councils in the state on Friday, September 4, 2026.
He subsequently inaugurated the legislative arm of Etsako East LGA at an hotel in Benin City.
A former legislator and legal practitioner, Barr. Luqman Muhammed, said a council chairman has no authority to conduct official LGA business outside the territorial boundary of that LGA.
“It can be challenged as acting ultra vires – beyond powers,” he stated.
Other lawyers who spoke on the matter said any resolutions, bills, or principal officers “elected” at such an inauguration can be challenged in court and declared null and void, on the grounds that “proper procedure was not followed.”
They cited Section 7(1) of the 1999 Constitution, which guarantees the system of democratically elected local government councils, and Section 19 of the Edo State Local Government Law 2000 which provides that the Legislative Council “shall sit at such place within the Local Government Area as the Council may from time to time determine.”
The lawyers further argued that the first sitting/inauguration is required to hold at the Council Secretariat/Chambers to reflect that it is a public, official government function and not a private event.
According to them, if the chairman single-handedly inaugurated the legislative arm outside the LGA in an event centre without a council resolution and without emergency justification, that inauguration is legally vulnerable and can be set aside by the High Court.
They noted that the only instance where a legislative body can be inaugurated outside its chambers is where the council chambers were burnt, flooded, or there was a security threat making it impossible to sit there. Even then, the council itself must pass a resolution to relocate temporarily, and it should still be within the LGA.
Legal experts however said any elected councillor or voter in Etsako East can approach the High Court to seek an order nullifying the proceedings.”
Outside the legal angle, many residents also complained about the cost of inaugurating the body, which they said runs into millions of naira.
They questioned the expense of housing 10 councillors, the chairman, vice chairman and council officials in a hotel in Benin City, coupled with refreshments.
Attempts to get the reaction of Hon. Ekpetica and the Etsako East Legislative Council were unsuccessful as of press time. The council chairman could not be reached on his phone while officials at the council secretariat in Agenebode declined comment.
