The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has declared the suspension of Chairmen and Vice Chairmen of the 18 Local Government Areas, LGAS, in Edo State as illegal and unconstitutional.
It will be recalled that the Edo State House of Assembly suspended the chairmen and vice chairmen of the LGAs for two months over their alleged gross misconduct and insubordination.
The Assembly directed the council leaders to hand over to the legislative leaders of their respective local governments.
The action followed a letter from Governor Monday Okpebholo, who accused the council officials of insubordination, alleging that they failed to submit their financial reports from September 23, 2022, to date, as directed.
The LGA officials had since rejected their purported suspension, even as they vowed to remain in office till the expiration of their tenure in 2026.
The AGF, speaking to to journalists in Abuja on Thursday, December 20, stressed that suspending any elected LG official in the country is the prerogative of Councilors in the said LGA.
The AGF said his position was based on the July 11 judgment of the Supreme Court that granted autonomy to the 774 LGAs in the country.
“One thing that I know and can say without fear is that under the present dispensation, no Governor has the right to remove any local government chairman.
“That much I know. If I did not know before, since July 11, 2024, I became aware that removal of any local government chairman or official would be the prerogative of that local government, through their legislative house,” the AGF stated.
However, the AGF said his initial reluctance to react to the development was because he wanted to know the basis upon which the LGA officials in Edo state were reportedly suspended.