The decision to suspend chairmen and vice-chairmen of the 18 local government areas of Edo State has ignited a constitutional debate, with critics questioning the legality of the move in light of the Supreme Court’s landmark judgment affirming local government autonomy.
The suspension, announced after allegations of insubordination and failure to submit financial reports by Governor Monday Okpebholo against the local government chairmen, has been defended by the Edo State Government.
Speaking on Channels Television, Barr. Andrew Emwanta, a member of the Administrative Panel of Inquiry set up by the governor, argued that the state acted within its constitutional authority as the Supreme Court ruling which guaranteed local government autonomy cannot override the Nigerian Constitution which created a role for the Governor and State Assembly to provide oversight in the affairs of councils.
Emwanta stated, “The Constitution has placed local governments under state control and that remains the law. It is now for the National Assembly to give them full political independence like states enjoy, but that is not currently the case. They are not an independent organ or tier of government; they are under the control of the state.
“Financial autonomy is about giving them access; but that does not mean state governments do not have control over how they use that money. The Supreme Court cannot amend the constitution; Section 7 (of the Constitution) remains.”
However, legal experts and stakeholders have pointed to the Supreme Court’s clear pronouncements on local government autonomy.
The court’s judgment unequivocally stated that state governments cannot dissolve or interfere in the affairs of democratically elected local councils, declaring such actions unconstitutional and void.
The Attorney General of the Federation (AGF) and Minister of Justice, Chief Lateef Olasunkanmi Fagbemi, SAN, has also weighed in, describing the suspension as illegal.
“Under the present dispensation, the governor has no right to remove any local government chairman,” Fagbemi stated, referencing the Supreme Court’s ruling. “The removal of any local government official is the exclusive prerogative of that council’s legislative house.”
The Association of Local Governments of Nigeria (ALGON) described the suspension as an abuse of power.
In a statement issued on Thursday, the association said the action violates due process, calling on the governor and the Edo State House of Assembly to reverse it.
“This move contradicts the Supreme Court’s judgment and undermines the autonomy guaranteed to local governments,” the statement read.
Political analysts suggest that the unfolding controversy could escalate into a constitutional showdown, especially as Governor Okpebholo’s mandate is being challenged at the Edo State Election Tribunal.
“This is not just about local government autonomy; it is about the relationship between state governments, local councils, and the judiciary’s role in upholding the Constitution. President Tinubu has been the leading champion and advocate for local government authority. It is curious that it would be one of his own party’s governors who would be seeking to undermine his authority so publicly,” Jimoh James, an analyst observed.
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