The 18 suspended local government chairmen in Edo State have rejected the State House of Assembly’s decision to suspend them, arguing that their removal is unconstitutional.
On Tuesday, the House suspended the council chairmen for two months over alleged misconduct, acting on a petition from Governor Monday Okpebholo. The chairmen, however, through the Edo State chapter of the Association of Local Government of Nigeria (ALGON), opposed the decision during a press briefing in Benin City.
Newman Ugiagbe, the chairman of Orhionmwon LGA and state ALGON leader, described the suspension as a violation of court orders. He argued that the council executives, sworn in on September 4, 2023, have a tenure that runs until 2025. Ugiagbe stated, “From the foregoing, the 18 local government elected in the election of September 2, 2023, and sworn into office on September 4, 2024, remain the executive chairmen of our respective local government councils.”
Ugiagbe dismissed the suspension as unconstitutional, stating it was “ultra vires, null and void, and of no effect whatsoever.” He referenced an Edo State High Court order restraining the state government and House of Assembly from dissolving the elected council executives before the end of their three-year tenure.
He revealed that ALGON had reminded the Speaker of the House on December 17, 2024, of an ongoing court case (B/3070s/2024) against the governor. In the case, the court had granted an interim order prohibiting interference with the councils’ assets and funds. According to him, the court also restrained the government and Assembly from suspending or meddling with the council chairmen’s administrative duties.
Citing a Supreme Court ruling in a case involving the Attorney-General of the Federation and Abia State, Ugiagbe emphasized that state governors and assemblies lack the power to dissolve or interfere in local government operations through laws or executive orders. He said, “It is given that the action of the Edo State House of Assembly on Tuesday, December 17, 2024… is ultra vires and therefore a nullity because it is based on nothing in the eyes of the law.”
Ugiagbe appealed to security agencies to protect local government assets and buildings, requesting the deployment of personnel to ensure the councils’ smooth operations. He added that such measures would uphold the Constitution and prevent the alleged interference by the Assembly.
It would be recalled that the Assembly suspended the chairmen and deputies during a plenary session after Governor Okpebholo accused them of insubordination and gross misconduct. The governor alleged that the council executives failed to submit their financial account statements to the State Asset Verification Committee.
Despite the allegations, Ugiagbe and the other chairmen insist that they remain the legitimate executives of their councils and will continue fulfilling their constitutional responsibilities.
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