Nigerian Bar Association, NBA, Warri Branch has issued a pre-action notice to Uvwie Local Government Council in Delta State challenging its constitutional powers to impose a Traffic Control and Environmental Task Forces on the people of the area.
In the pre-action notice dated June 2, 2023, and addressed to the Secretary, Uvwie Local Government Council, NBA Warri Branch cautioned the Chairman, Hon Ramson Onoyake to desist forthwith from continuing in the illegality of imposing the two task forces on the people as his action to set the bodies runs contrary to the tenets of the constitution of the land.
Suing for themselves and on behalf of the Nigerian Bar Association, Warri Branch, are Chief Oghenero Okoro and Sylvester Ediagbonuvie pursuant to the provisions of section 7 of the Delta State Local Government Law, 2013.
Chief Oghenero Okoro and Sylvanus Ediagbonuvie as Intending Claimants in the pre-action notice are Chairman and Secretary of the Nigerian Bar Association, Warri Branch, respectively.
The pre-action notice was signed by Othadua A. Okpakpor, Esq., Felix Akpovwovwo, Esq., Edison Esemitoje, Esq., A. Okorode, Esq., Sir Francis Yekovie and Okiroro Ebieroma, Esq.
Eight reliefs are being sought by Chief Oghenero Okoro and Sylvanus Ediagbonuvie, which are:
1. A Declaration that the Uvwie Local Government Council does not have the constitutional powers to set up a Traffic Control Body and operate the same within the Uvwie Local Government Council.
2. A Declaration that the Uvwie Local Government Council does not have the constitutional powers to set up an Environmental Task Force and operate the same within the Uvwie Local Government Council.
3. A Declaration that the establishment of a Traffic Control Body by the Uvwie Local Government Council 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 the same is unconstitutional, null and void and of no effect whatsoever.
4. A Declaration that the establishment of an Environmental Task Force by the Uvwie Local Government Council is contrary to the provisions of the 4thSchedule made pursuant to section 7 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and the same is unconstitutional, null and void and of no effect whatsoever.
5. An Order directing the Chairman to disband forthwith the Traffic Control Body constituted by the Uvwie Local Government Council on or about the 15thday of May 2023 as same was constituted ultra vires the powers of the Council.
6. An Order directing the Chairman to disband forthwith the Environmental Task Force constituted by the Uvwie Local Government Council on or about the 15thday of May 2023 as same was constituted ultra vires the powers of the Council.
7. An order of perpetual injunction restraining the Traffic Control Body constituted by the Uvwie Local Government Council from carrying out any activities whatsoever within the area or precincts of the Uvwie Local Government Council.
8. An order perpetual injunction restraining the Traffic Control Body constituted by the Uvwie Local Government Council from carrying out any activities whatsoever within the area or precincts of the Uvwie Local Government Council.
