Benin, Edo – The Edo State House of Assembly recently passed a resolution mandating the Edo State Independent Electoral Commission (EDSIEC) to conduct by-elections to fill vacant councillor positions across various wards in the state’s 18 local government areas.

However, concerns have emerged regarding the absence of a by-election for council chairman positions and the potential illegality of lobbying for vice chairman roles in this context, as highlighted by local commentator Festus Ese.

According to reports, the by-elections are intended to replace councillors who have allegedly abandoned their duties since January 2025, an action deemed to contravene Section 12(1) of the Edo State Local Government Law 2000, as amended in 2022.

The law stipulates that a councillor’s seat can be declared vacant if they fail to attend one-third of council meetings in a calendar year.

The resolution, moved by Majority Leader Jonathan Ibhamahu and seconded by Addeh Isibor, directed EDSIEC to organize these by-elections within three weeks to ensure democratic representation at the grassroots level.

However, Festus Ese, a local political observer, has pointed out that no by-election has been announced for council chairman positions.

This raises significant questions about the structure of local government leadership during this electoral process.

Ese emphasized that lobbying or electing a vice chairman in the absence of a by-election for a chairman could be premature and potentially illegal under the existing legal framework.

“Without a clear process for electing a chairman, any move to appoint or lobby for a vice chairman might violate the Edo State Local Government Law,” Ese stated, urging stakeholders to adhere strictly to legal provisions to avoid undermining democratic principles.

The absence of a chairman by-election stems from the ongoing political dynamics in Edo State, particularly following the inauguration of Governor Monday Okpebholo in November 2024.

The state has faced significant political tension, including the suspension of all 18 local government chairmen in February 2025 over allegations of financial misappropriation and insubordination.

This led to legal disputes, with some chairmen, such as Newman Obaseki of Esan South-East, challenging the appointment of acting chairmen as unlawful. These developments have created a complex situation, with no clear indication from EDSIEC or the state government regarding by-elections for chairman positions.

Ese’s concerns highlight a broader issue of governance and legality in Edo’s local government system.

The Edo State Local Government Law 2000, as amended, does not explicitly provide for the election of a vice chairman in isolation, as the roles of chairman and vice chairman are typically filled concurrently during local government elections.

Legal experts suggest that any attempt to elect or appoint a vice chairman without a sitting chairman could be challenged in court, potentially leading to further political instability.

The Edo State House of Assembly’s directive to EDSIEC focuses solely on councillor vacancies, with lawmakers emphasizing the need to restore democratic representation in affected wards.

Majority Leader Ibhamahu noted, “The essence of democracy is no longer felt in these wards where councillors have abandoned their posts.”

However, the absence of clarity on the status of chairman positions has left room for speculation and concern among residents and political stakeholders.

EDSIEC, tasked with conducting credible and transparent elections, has not yet issued a public statement addressing the concerns raised by Ese or the possibility of chairman by-elections.

The commission’s mandate, as outlined on its official website, is to strengthen democratic structures at the grassroots level through free, fair, and credible elections.

However, the ongoing political crisis and legal disputes surrounding local government leadership could complicate these efforts.

As Edo State prepares for the councillor by-elections, residents and political analysts are calling for transparency and adherence to the rule of law.

Festus Ese’s remarks underscore the need for clarity on the electoral process and the legal boundaries governing local government leadership.

Without a clear framework for addressing chairman vacancies, any move to fill vice chairman roles risks being perceived as a breach of democratic norms.

The situation remains fluid, with stakeholders awaiting further guidance from EDSIEC and the state government.

For now, the focus remains on the upcoming by-elections for councillors, but questions about the broader structure of local government leadership in Edo State are unlikely to fade without decisive action.