Lawyers and Civil Society Organizations in Edo State have knocked the Edo State House of Assembly, the Governor, Monday Okpebholo over the suspension of the 18 local government chairmen and their deputies on the ground of what Governor Okpebholo tagged act of insubordination and gross misconduct.
Sunday Telegraph recalled that, the Edo State House of Assembly led by Hon Blessing Agbebaku on Tuesday, December 17, passed a resolution suspending chairmen and vice chairmen of the 18 Local Government Areas of the State for two months mandating leaders of the legislative arms to take over leadership of their respective councils.
The suspension of the council’s chairmen and their deputies was sequel to a motion moved by the member representing Esan North East 1, Mr Isibor Adeh and seconded by the member representing Akoko-Edo 2, Mr Donald Okogbe.
The plenary was chaotic as members engaged in heated debates, with some opposing the motion and advocating for due process.
Despite the opposition, 14 members voted in favor of the suspension, 6 members opposed, while three members declined comment, paving the way for the Governor’s plan to proceed.
Sequel to their suspension, the 18 Local Government chairmen, while speaking to journalists in Benin, through their chairman, Hon Newman Ugiagbe, Chairman Orhiomwon LGA, said that the State Assembly acted in contempt of Court and that they would continue to carry out their lawful duties pending the expiration of their tenure in September 2026.
He said the local government chairmen had dragged the State Government and the House of Assembly to the High Court in the state, where the Chief Judge, Justice Daniel Okungbowa ruled that the Governor, House of Assembly and its agents can’t suspend or dissolve elected local government chairmen.
An Edo State based Legal Practitioner, Mrs. Gloria Ekejuba, said that the local government chairmen and their deputies were duly elected by their people and a mere resolution from the House of Assembly cannot terminate the mandate given to them by their constituencies.
She said: ” My view is that the 18 local government chairmen were duly elected by their constituencies and the House of Assembly has no right to suspend them. So, the state governor has no right to hire and fire, nor suspend them. In law the government has no right to suspend them. It is like the federal government suspending the state governor.
“That is why we have been clamouring for the autonomy of the local government. The only reason why the state government still holds on to the local government is simply because of the allocation that comes through the state.
Another Benin based legal practitioner, Emmanuel Okorie said: “Before now, the practice has always been the State Houses of Assembly or the governors suspending or dissolving the local government areas, but the last Supreme Court Judgement on local government autonomy has given light to the provision of the constitution which has been there.
“ Going by this provision the recent decision taken by the Edo State House of Assembly is null and void. We understand that they may have cogent and verifiable reasons that gave birth to that action, but whatever reason does not make the action of the House of Assembly right. It is very wrong, not that I think, but it is wrong.
Though the Edo State Attorney General and Commissioner for Justice, Samson Osagie has taken his own position. When you look at the Supreme Court judgement, especially the lead judgment, you will understand that the decision by the Edo State Government, especially the State House of Assembly is wrong. If you watched the plenary, where the decision was taken, you find out that the majority leader, Hon Charity Aiguobarueghian pointed it out.
“They may have their cogent and verifiable reasons, but it does not make their actions right. I know that the affected persons are already in court, and they will get justice.
Also, the Coordinator, Edo Civil Society Organizations (EDOCSO) Leftist Omobude Agho said the 18 LG chairmen are only suspended by audio, urging every Nigerian to resist the plans to gag the local government.
However, in a twist on Friday, Edo State High Court II, sitting in Benin City ordered that “the status quo ante bellum (as at 12/12/2024), be maintained pending the hearing and determination of the Motion on Notice in the Suit filed on the 12/12/2024” and an order restraining the Defendants by “themselves their privies, servants, agent, howsoever named or described from in any way giving effect to, or acting on the resolution suspending the Claimants’ elected
The Presiding Judge, Justice Efe Ikponmwonba, thereafter adjourned the case to January 17th, 2025. Again, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN) on Thursday also condemned the suspension of the 18 local government chairmen in the Edo State.
Dr Abiodun Layonu (SAN) took a more nuanced stance, describing the suspensions as potentially legally problematic but dependent on the interpretation of state laws.
Citing constitutional provisions for local government autonomy under Section 7, Layonu emphasized the need for a thorough examination of the relevant legal frameworks.
“The question will be, have they obeyed the law? Do they have the power, and have they adhered to the proper procedures?” he queried.
The senior lawyer called for the reliance on judicial mechanisms to resolve the matter.
Amobi Nzelu (SAN), criticized the action as unconstitutional, citing Supreme Court rulings affirming local government autonomy.
Nzelu described the move as a violation of the law, insisting that elected local government officials cannot be removed arbitrarily by a state governor.
“This country cannot afford to be a lawless state. The Supreme Court, the apex court of the land, has ruled that elected local government chairmen cannot be removed without due process. The action of dissolving these councils is fundamentally wrong and amounts to a disregard for the rule of law,” the SAN stated.
Nzelu stressed the importance of respecting the autonomy of local governments, which, he said, is guaranteed under the Nigerian Constitution.
He argued that governance at all levels must adhere to the law, noting that the actions of the Edo State government undermine the principles of separation of powers and the independence of the tiers of government.
“The law is clear. Each tier of government is interdependent yet independent of one another. A governor cannot unilaterally dissolve local governments. Such actions breach constitutional provisions and erode democratic processes,” he stated.
Nzelu also expressed concerns about governance and rule of law in Nigeria, lamenting the increasing disregard for legal frameworks.
He urged leaders to prioritize adherence to constitutional provisions to safeguard democracy and ensure stability.
