The Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), has described the suspension of local government chairmen and vice chairmen in Edo State as unconstitutional and a violation of their autonomy.
Speaking to journalists in Abuja on Thursday, Fagbemi emphasised that the suspension, initiated by the Edo State House of Assembly and endorsed by Governor Monday Okpebholo, contravenes the principles established in a landmark Supreme Court ruling.
“One thing that I know and can say without fear is that under the present dispensation, the governor has no right to remove any local government chairman,” Fagbemi asserted.
“If I did not know before, since July 11, 2024, I became aware that the removal of any local government chairman or official would be the prerogative of that local government, through their legislative house.”
The dispute began when the Edo State Assembly suspended council leaders from all 18 local government areas for two months, citing alleged gross misconduct and insubordination. Governor Okpebholo followed this by directing the affected officials to hand over their responsibilities to their respective legislative leaders. He accused them of failing to submit financial reports since September 2022.
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In response, the suspended officials rejected the action, maintaining that they would remain in office until the expiration of their tenure in 2026.
Fagbemi’s position is grounded in the Supreme Court’s July 11, 2024, judgment, which upheld the autonomy of the 774 local government areas across Nigeria. The ruling explicitly limits the powers of state governors over local government affairs, affirming that any disciplinary actions against local government leaders must originate from their legislative houses.
“The removal of any local government chairman or official would be the prerogative of that local government, through their legislative house,” Fagbemi reiterated, citing the judgment.
The AGF condemned the interference by the Edo State government, stating that it undermines the rule of law and the autonomy granted to local governments.
“Under the present dispensation, the governor has no right to remove any local government chairman,” Fagbemi said.
The controversy highlights ongoing tensions between state governments and local councils over autonomy and governance, raising questions about adherence to constitutional principles at all levels of government.
With the affected officials refusing to vacate their positions, the situation in Edo State may lead to legal battles testing the boundaries of state power over local government authorities. Fagbemi’s comments have further reinforced the stance of local council leaders in defending their mandates against what they describe as unconstitutional interference.