By Lucky Isibor
The Edo State chapter of the Association of Local Governments of Nigeria (ALGON) has insisted that the Edo State House of Assembly (EDHA) lacks the power to suspend the Chairmen duly elected democratically to superintendent the affairs of the eighteen Local Government Areas in Edo State on 2 September, 2023 and sworn in on 4 September 2024; adding that their tenure will come end by effusion of time on 3, September 2026.
The Edo State House of Assembly in her sitting of Tuesday, 17 December, through a resolution pronounced the suspension of the eighteen (18) Local Government Chairmen/Vice Chairmen in Edo State. The Assembly premised the suspension on a petition of ‘Gross Misconduct And Insubordination Against The Leadership of 18 Local Government Councils’ dated 16th December, from the Executive Governor of Edo State, His Excellency, Senator Monday Okpebholo, wherein he referred to the Honourable House, what he termed ‘act of gross misconduct by the Chairmen of the Councils and pursuant to the provision of ‘Section 10(1) of the Local Government Law (2000) of Edo State’n.
Addressing a press conference at the secretariat of the Edo State Council of the Nigeria Union of Journalists (NUJ) in Benin City on Wednesday, 18 December, Edo State Chairman of ALGON and Executive Chairman of Orhionmwon Local Government Council; Deacon Newman Ugiagbe who cited a judgement of an Edo State High Court presideded over by the Chief Judge of Edo State, Honourable Justice Daniel Okungbowa and an order of interim injunction by another Benin High Court 11 as judicial pronouncements that bared the Edo State government and the House of Assembly from tampering with their tenure of office, added that the action of the Assembly suspending them from office ultra vires, null and void and of no effect whatsoever.
“The Eighteen Local Government Chairmen had through our Lawyer, Ogaga Ovrawah (SAN) & Sons served on The Executive Governor, Edo State of Nigeria and The Honourable Speaker, Edo State House of Assembly, ‘A Notice of Judgment in Suit No. B/2570S/2624: Hon. Newman Oghomwen Ugiagbe & 17 Ors” delivered by the Hon. Chief Judge of Edo State High Court of Justice wherein he granted the following orders:
‘(i) A declaration that Section 10(1) of the Edo State Local Government Law, 2000 conflicts with the provisions of Section 7(1) and (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and thus unconstitutional, ultra vires, null and void and of no effect whatsoever to the extent that it provides that upon the 1st Defendant’s action, request or otherwise, the Edo Assembly by its resolution so direct the 1st Defendant action to dissolve all of the democratically elected 18 Local Government Councils of Edo State of which the Claimants are Chairmen on or before the expiration/lapse of the tenure of three years stipulated under the said Edo State Law, 2000.
‘(II) A declaration that the tenure of the Claimants are statutorily set at three years with effect from the date they took the their oaths of office, specifically from 4th of September, 2023 and therefore are entitled to hold office for the duration of three years and in accordance with the provision of Section 18 (1) – (3) of the Edo State Local Government, 2000’.
“A reminder was served on the Honourable speaker in the early hour of December 16, 2024 wherein he was also intimated of another suit instituted against Edo State Government, the Governor of Edo State & Others in Suit No: B/3070S/2024 by Orhionmwon Local Government Council & 17 Ors, wherein the High Court of Justice No. 2, Benin City granted an Interim Order restraining, the defendants therein from ‘interfering with, obstructing disturbing the Claimants exercise of their Constitutional rights over all assets and funds allocated to them from the Federation Account’ and, also ‘restrained the defendants from suspending, removing, redeploying, meddling or in any manner interfering with them in the administration and management of their Councils.”
The ALGON Chairman who added a judgement of the Supreme Court to buttress why they cannot be removed from office by the Assembly, also called on security agencies in the state to protect all movable and immovable assets of the Councils.
“Also, I wish to further bring to your attention the recent judgment of the Supreme Court of Nigeria in ATTORNEY GENERAL OF THE FEDERATION VS. ATTORNEY GENERAL OF ABIA STATE AND 35 ORS (2O24) LPELR – 62576(SC) wherein it emphatically obliterate the powers of the 36 State Governors/Houses of Assembly or acting through their privies to dissolve, or interfere into the Local Government administration, using state powers derivable from laws enacted by the State Houses of Assembly (any how so called) or Executive orders/other actions (any how so called).
“From the foregoing, it is given that the action of the Edo State House of Assembly on Tuesday 17th December, 2024 in response to the request from Governor Monday Okpebholo, suspending the Chairmen/Vice Chairmen is ultra vires and therefore a nullity because it is based on nothing in the eyes of the Law. It is also a contempt against the order of the court”.
Contacted for his reaction, the Attorney General of Edo State, Rt. Hon. Samson Osagie pointed out that the Edo State House of Assembly acted in its powers as conferred on it by Section 7 of the 1999 Constitution of the Federal Republic of Nigeria as amended, and urged the suspended Chairmen to refrain from taking the laws into their hands.
Osagie pointed out that the local council chairmen were not sacked but only suspended for two months to pave the way for investigation however noted that it is within the rights of the 18 elected council chairmen to protest.
“This government will not tolerate indiscipline or any act of brigandage by any tiers of government.”