One of the Constitutional functions of Local Government Councils is the regulation of outdoor advertising and boards. This is clearly provided for in Section 1 (k) (i) of the Fourth Schedule to the 1999 Constitution of this Federal Republic of Nigeria 1999 (as amended).

The power relates to the "control and regulation of outdoor advertising and hoarding"

For the avoidance of doubt, the Dictionary defines "hoarding" as meaning: "a large board in a public place, used to display advertisements".

Hence, any form of advertisement of goods and services is within the exclusive preserve of local government councils.

Against this background, it is curious, and an outright illegality and unconstitutionality for the Edo State House of Assembly to have enacted a Law to regulate Advertising and Signage, and even created a Signage and Advertising Agency.

One should expect better from such a hallowed chamber. At the very least, knowledge of the extent of the Legislative powers of the State House of Assembly should be a sine qua non to membership of the House. For how can they legislate if they know not their powers and limits of their competence? But I chose to say no more.

Assuming without conceding that the Edo State House of Assembly missed their way and strayed into an area exclusively reserved for the Local Government Legislatures, how can one explain the Edo State Government's egregious and obviously ill advised action of setting up the aforesaid Agency and appointing a General Manager for the illegal and unconstitutional agency? Are there no legal advisers for the Government?

I have tried to wink at certain low level infractions of the law and the Constitution by this administration. But this one sees to erode the powers of the already emasculated local government councils.

When we recently challenged the powers of the Edo State House of Assembly to enact a law regulating waste management in Edo State, both the High Court and the Court of Appeal had no hesitation in nullifying the potent sections of the Edo State Waste Management and Pollution Law of 2010. The Court's concurrently held that the House of Assembly cannot legislate to take any of the Constitutional functions of Local Government Councils and vest it on the State Government. That remains the position of the law today.

It seems that the lesson has not been learnt by the Edo State House of Assembly and the Edo State Executive arm of Government.