An Edo State High Court has ordered the reinstatement of the suspended leaders of the local governments. Just as the Attorney General of the Federation, Lateef Fagbemi, SAN declared the suspension unconstitutional.

Justice Efe Ikponmwonba, who presided over the court, gave the reinstatement order on Friday after the hearing of the case filed by the 18 local government chairmen and the Edo State chapter of the Association of Local Government of Nigeria, ALGON.

The case also named the Edo State Government, Edo State Governor, Deputy Governor, the Attorney-General of Edo State, the Accountant-General of Edo State, and the Permanent Secretary, Ministry of Local Government, Community and Chieftaincy Affairs as defendants. 

This comes after the Edo State House of Assembly suspended the chairmen and vice chairmen of the 18 local government councils for two months based on a petition filed by the State Governor, Monday Okpebholo, on the ground that the local council leaders had refused to submit their local government’s financial records to the state government.

The governor also accused them of insubordination and gross misconduct, which the state legislature acted upon and handed the affairs of the 18 local governments to their legislative Arms.

Consequently, the development attracted criticism from Nigerians and Edo residents, who described the suspension as an abuse of power by the state governor and the lawmakers.

Attorney General of the Federation Faults Suspension
Also, the Attorney-General of the Federation (AGF), Lateef Fagbemi, faulted the development, stating that suspension of the local council does not fall within the prerogative of the state legislative. The AGF reiterated that it is not within the right of any governor to remove any local government chairman.

Not satisfied with the resolution of the State Governor and members of the State House of Assembly, the local government chairmen approached the court to overturn their decision. 

In the judgement, the judge granted the claimants’ prayers by stopping the defendants from acting on the resolution of the Edo State House of Assembly, suspending them. The court also ordered that the status quo be maintained pending the hearing and determination of the motion on notice.

Recall that in July, the Supreme Court ruled in favour of the Federal Government’s grant of financial autonomy to Nigeria’s 774 local governments. The apex Court also unanimously upheld the suit brought by the federal government to strengthen the independence of local governments in the country.

The ruling includes parts stating that local governments across the country should receive their allocations directly from the Accountant-General of the Federation and that it is illegal and unconstitutional for governors to receive and withhold funds allocated to local government areas (LGAs) in their states.

The apex court also barred the state Governors from declaring the appointment of caretaker committees to replace elected local government executives, adding that the 36 states must ensure democratic governance at the local government level.

With the ongoing developments in Edo State, political analysts have been hinting at the likelihood of constitutional debates on the matter.