The Edo State chapter of the Peoples Democratic Party (PDP) has called on the Attorney General and Minister of Justice, Lateef Fagbemi to give life to the Supreme Court judgement of July 11, 2024 which granted financial autonomy to Local Governments in Edo State as democratically elected Councils have been dismantled in Edo State by the Senator Monday Okpebholo-led Edo State Government which the party said “has crippled local government administration and placed the State on the brink of unprecedented crisis, chaos, and anarchy”.
The state chapter of the party made the call at a press briefing addressed by the Chairman of the Edo State chapter of the party, Dr. Tony Aziegbemin on Monday, 17 March at the party secretariat in Benin City.
Aziegbemin who chronicled what the party described as constitutional breaches by the Governor Monday Okpebholo led administration and the Edo State House of Assembly in the alleged illegal occupation of Edo State Local Government Councils, commended the Attorney General and Minister of Justice for standing on the part of the law and urged him to commence contempt proceedings against the Attorney General of Edo State.
“While we commend the Attorney General of the Federation for standing on the part of the law, we also urge him to move beyond mere pronouncements and institute contempt proceedings against the Attorney General of Edo State for disregarding the Supreme Court ruling. The Edo case is a precedent that will derail the efforts and fights of the President in ensuring autonomy for the local councils.
“From September 4th, 2023 when the duly elected council executives were sworn in, until December 16, 2024, when the crisis started, the local government councils in Edo State were vibrant and functioned effectively, delivering governance and essential services to the people at the grassroots.
“Okpebholo, who had barely spent a month in office, had written to the Edo State House of Assembly on the said date, ordering the suspension of duly elected chairmen in total disregard of the law. This directive was executed by the Assembly to the letter under the false pretense of gross misconduct and insubordination, without granting the chairmen a fair hearing.
“Not only did the House of Assembly purportedly and illegally suspend the council chairmen for two months, but their deputies were as well suspended, thereby raising the fundamental question: Even if the chairmen were to be suspended, what offense did the deputies commit to warrant their suspension?
“The illegal action of Okpebholo and the House of Assembly was despite the clear and binding ruling of every court in the land”.
While noting that the Chief Judge of Edo State, Hon. Justice Daniel Okungbowa in a well considered judgement on the issue has voided the provisions of Section 10(1) of the Edo State Local Government Law, 2000, which was Governor Okpebholo’s legal defense for the suspension of the Council Chairmen; Aziegbemin highlighted the judgement and the procedure for impeachment of a Council Chairman, adding that those purportedly impeached were done in breach of the law, pointing out that the process will take between three and four months to run its full circle as prescribed by law.
“The Chief Judge of Edo State, Justice Daniel Okungbowa, had upheld that the state government, and the State House of Assembly or their agents have no right to suspend or dissolve elected local government council officials.
“The State Chief Judge had cited a recent judgment delivered on July 11, 2024, by the Supreme Court, in a suit filed by the Attorney General of the Federation and Minister of Justice which ordered that elected council members cannot be dissolved by the state government, House of Assembly, or its agents.
“Justice Okungbowa of Edo State High Court had also issued a mandatory injunction, declaring the suspension null and void and restraining the state government and other parties from meddling in local government operations. An order that was totally disregarded.
“Justice Okungbowa who faulted Section 10(1) of the Edo State Local Government Law, 2000,whichwas Okpebholo’s legal defense for the suspension made 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 Defendants action, request or otherwise, the Edo State House of Assembly can by its resolution so direct the 1st Defendant to dissolve an 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 (3) years stipulated under the said Edo State local government law, 2000.”
“The Honourable Justice also made, “A declaration that the tenure of the Claimants are statutorily set at three (3) years with effect from the date they took their respective oaths of office, specifically from 4th September, 2023 and therefore are entitled to hold office for the duration of three years and in accordance with the provisions of Section 18(1) – (3) of the Edo State Local Government, 2000
“According to him, “by the provisions of Section 7 and 162(5) and (6) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) the Claimants are entitled to demand that funds from the federation account shall be paid directly Into the bank accounts of the 18 local government councils without any compulsory and undisclosed deductions may by the 1st and 2nd and 4th Defendants and any other person or entities howsoever described, acting or purporting to act for and on behalf of the 1st, 2nd and 4th Defendants.”
While deploring the disregard of the advice of President Bola Ahmed Tinubu on Local Government autonomy, the PDP warned commercial banks that are being used to open new accounts for Edo Local Government Councils with unauthorised signatories to desist from such illegalities, forthwith.
“The State Government also disregarded the advice of President Bola Ahmed Tinubu through the Attorney General of the Federation on the matter. The Attorney General of the Federation had insisted that an elected local government official cannot be dissolved or suspended without following due process of law, which is the prerogative of councilors in the said LGA.
“Attorney-General of the Federation (AGF) and Minister for Justice, Lateef Fagbemi, specifically warned that the illegal removal of local government chairmen by governors was a treasonable offense. This however could not stop Okpebholo’s resort to lawlessness and impunity as they deployed thugs and non-state actors who moved from council to council with whips and other dangerous weapons to enforce the illegal suspension of the Local Government Chairmen”.