Justice Daniel Iyobosa, the top judge of Edo State, has decided that the state government, the House of Assembly, or their representatives cannot dissolve elected local government council members, including the chairmen and council members.
Following legal arguments from the parties’ solicitors, Justice Iyobosa rendered his decision, interpreting the law and relying on the ruling of the Supreme Court of Nigeria, which had been filed before it by the federation’s attorney general.
This decision was heavily influenced by the case law cited in Attorney General (AG) of the Federation versus AG of Abia State and 36 others (2024) LP 62576 (SC).
“The Supreme Court’s decision on this matter has set a precedent that now stands as a guiding principle in similar cases concerning the dissolution of elected council members,” the Edo State Chief Judge ruled.
“This judgement reaffirms the importance of upholding the integrity of democratic processes and respecting the will of the electorate.”
According to Justice Oyobosa, third-tier elected council members have a mandate from the people and ought to be free to perform their duties without fear of being arbitrarily dissolved.
“This ruling serves as a reminder of the importance of legal precedents and the protection of elected representatives from undue interference.
“Any attempt by the 36 states of Nigeria, through their respective state governors and state houses of assembly, to unlawfully dissolve democratically elected local government chairmen within the state is gravy to democracy.
“This action goes against the ruling of the Supreme Court and will raise serious questions about the respect for judicial independence and democratic principles.
“The judiciary plays a crucial role in upholding the rule of law and ensuring that the rights of citizens are protected.
“Any attempt to bypass or disregard the decisions of the judiciary undermines the foundations of democracy and the separation of powers.
“It is imperative that all arms of government, including the executive and legislative arms, respect the decisions of the judiciary and operate within the confines of the law.
“The judgement of the Supreme Court must be upheld, and any attempts to circumvent or contravene this ruling may be viewed as a direct assault on the judiciary and the principles of justice,” Justice Iyobosa declared.
