NBA Warri Drags Uvwie Council Boss to Court over ‘Constitutional Powers’

The Nigerian Bar Association (NBA) Warri Branch has approached the High Court of Justice, Effurun Judicial Council, Delta State to declare the chairman of Uvwie Local Government, Hon Ramson Onoyake not a fit and proper person to hold public office in Nigeria.

This is part of the nine claims contained in an originating summons filed before the Court challenging the powers of Uvwie Local Government and Onoyake in setting up Uvwie Local Government Traffic Control Body and the Uvwie Local Government Environment Taskforce in May 2023.

Suing for themselves and on behalf of the members of the NBA Warri Branch in the suit are Chief Oghenero Okoro, who is the 1st Claimant and the chairman, NBA Warri Branch while Sylvester Ediagbonuvie, the 2nd Claimant is the Secretary, NBA Warri Branch.

Their nine claims against Onoyake and Uvwie Local Government as 1st and 2nd defendants respectively in the originating summons are below:

“A Declaration that the Defendants do not have the constitutional powers to set up a Traffic Control Body and operate the same within the Uvwie Local Government Council.

“A Declaration that the Defendant does not have the constitutional powers to set up an Environmental Task Force and operate the same within the Uvwie Local Government Council.

“A Declaration that the establishment of a Traffic Control Body by the Defendants is contrary to the provisions of the 4th Schedule made pursuant to section 7 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Part III in the Schedule to the Taxes and Levies (Approved List for Collection) Act, Cap T2 Laws of the Federation of Nigeria, 2004 (as amended) and the same is unconstitutional, null and void and of no effect whatsoever.

“A Declaration that the establishment of an Environmental Task Force by the Defendants is contrary to the provisions of the 4th Schedule made pursuant to section 7 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Part III in the Schedule to the Taxes and Levies (Approved List for Collection) Act, Cap T2 Laws of the Federation of Nigeria, 2004 (as amended) and the same is unconstitutional, null and void and of no effect whatsoever.

“A Declaration that the 2nd Defendant, having flagrantly flouted the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Taxes and Levies (Approved List for Collection) Act, Cap T2 Laws of the Federation of Nigeria, 2004 (as amended) and his oath of office as contained in Schedule 2 to the Delta State Local Government (Amendment) Law, 2017, is not fit and proper person to hold public office in Nigeria.

“An Order directing the Defendants to disband forthwith the Uvwie Local Government Traffic Control Body constituted by the Defendants on or about the 15th day of May, 2023 as same was constituted ultra vires the powers of the Defendants.

“An Order directing the Defendants to disband forthwith the Uvwie Local Government Environmental Task Force constituted by the Defendants on or about the 15th day of May, 2023 as same was constituted ultra vires the powers of the Defendants.

“An order of perpetual injunction restraining the Uvwie Local Government Traffic Control Body constituted by the Defendants from carry out any activities whatsoever within the area or precincts of the Uvwie Local Government Council.

“An order of perpetual injunction restraining the Uvwie Local Government Environmental Task Force constituted by the Defendants from carry out any activities whatsoever within the area or precincts of the Uvwie Local Government Council.”

In seeking the nine relieves, Chief Okoro and Mr Ediagbonuvie, in the originating summons are asking the court to determine the following:

“Whether having regard to the combined provisions of the 4th Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Part III in the Schedule to the Taxes and Levies    (Approved List for Collection) Act, Cap T2 Laws of the Federation of Nigeria, 2004 (as amended), the Defendants have the authority to establish the Uvwie Local Government Environment Taskforce and the Uvwie Local Government Traffic Control Body.

“Whether having regard to the combined provisions of the 4th Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Part III in the Schedule to the Taxes and Levies (Approved List for Collection) Act, Cap T2 Laws of the Federation of Nigeria, 2004 (as amended), any Bye-Law whatsoever enacted by the 1st Defendant purporting to establish the said Uvwie Local Government Environment Taskforce and the Uvwie Local Government Traffic Control Body is ultra vires the constitutional functions and powers of the 1st Defendant.

“Whether having regard to the combined provisions of the 4th Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Part III in the Schedule to the Taxes and Levies (Approved List for Collection) Act, Cap T2 Laws of the Federation of Nigeria, 2004 (as amended), the establishment of the Uvwie Local Government Environment Taskforce and the Uvwie Local Government Traffic Control Body is valid and constitutional.

“Whether having regard to the combined provisions of the 4th Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and Part III in the Schedule to the Taxes and Levies (Approved List for Collection) Act, Cap T2 Laws of the Federation of Nigeria, 2004 (as amended), the Uvwie Local Government Environment Taskforce and the Uvwie Local Government Traffic Control Body have any legal authority to operate and carry out their activities within the Uvwie Local Government Council.

“Whether having regard to the combined provisions of the 4th Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Part III in the Schedule to the Taxes and Levies (Approved List for Collection) Act, Cap T2 Laws of the Federation of Nigeria, 2004 (as amended) and Schedule 2 to the Delta State Local Government (Amendment) Law, 2017, the 2nd Defendant is fit and proper to hold any public office in Nigeria.”