The leadership of the Nigerian Bar Association, NBA Warri Branch has warned the Chairman of the Uvwie Local Government Council to forthwith desist from continuing in the illegality of imposing a Traffic control body and The Environmental Task Force on the people of Uvwie Local Government council.

In a pre-action notice addressed to the Secretary of the council and made available to BarristerNG, the branch noted that the acts of the Chairman in constituting the bodies runs contrary to the tenets of the constitution of the land.

Read the full notice below;

2 June 2023

The Secretary

Uvwie Local Government Council

Effurun

Dear Sir,

             PRE–ACTION NOTICE

TAKE NOTICE that Chief Oghenero Okoro and Sylvester G. Ediagbonuvie suing for themselves and on behalf of the Nigerian Bar Association, Warri Branch do hereby issue the Uvwie Local Government Council with this statutory pre-action notice pursuant to the provisions of section 7 of the Delta State Local Government Law, 2013, as follows:

CAUSE OF ACTION – Activities of the Uvwie Local Government Council bordering on the breaches of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

PARTICULARS OF CLAIM – On or about the 15^th day of May, 2023 the Chairman of the Uvwie Local Government Council and in the premises of the Council created and constituted 2(two) bodies, to wit: (i.) The Traffic Control Body and (ii.) The Environmental Task Force, which act runs contrary to the provisions of the 4^th Schedule made pursuant to section 7 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

NAME AND ADDRESS OF THE INTENDING CLAIMANTS

1.     Chief Oghenero Okoro

Chairman, Nigerian Bar Association

Warri Branch

104 Okumagba Avenue, Warri.

2.   Sylvanus G. Ediagbonuvie

Secretary, Nigerian Bar Association

Warri Branch

104 Okumagba Avenue, Warri

THE RELIEFS SOUGHT

The intending Claimants shall claim against the Uvwie Local Government Count the following reliefs, amongst others:

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 4^th 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 4^thSchedule 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 15^thday 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 15^thday 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 carry out any activities whatsoever within the area or precincts of the Uvwie Local Government Council.
8. An order restraining perpetual injunction the Traffic Control Body constituted by the Uvwie Local Government Council from carry out any activities whatsoever within the area or precincts of the Uvwie Local Government Council.

Yours faithfully,

________________________

Othadua A. Okpakpor, Esq.

Felix Akpovwovwo, Esq.

Edison Esemitoje, Esq.

A. Okorode, Esq.

Sir Francis Yekovie

Okiroro Ebieroma, Esq.