The suspension of Edo State’s local government chairmen and vice chairmen has been characterized as unlawful and a violation of their autonomy by Prince Lateef Fagbemi (SAN), the Attorney-General of the Federation (AGF) and Minister of Justice. Speaking to reporters in Abuja on Thursday, Fagbemi emphasized that the suspension, which was approved by Governor Monday Okpebholo and started by the Edo State House of Assembly, goes against the guidelines set forth in a historic Supreme Court decision. “I can say with confidence that the governor has no authority to remove any local government chairman under the current administration,” Fagbemi declared.
“If I didn’t know already, I learned on July 11, 2024, that the local government, through its legislative house, would have the authority to remove any official or chairman.” Citing alleged serious wrongdoing and insubordination, the Edo State Assembly suspended council heads from all 18 local government areas for two months, sparking the conflict. Governor Okpebholo then instructed the impacted officials to transfer their duties to the appropriate legislative leaders. Since September 2022, he claimed, they have not submitted financial reports.
The suspended officials responded by rejecting the action and stating that they would continue to serve until their term ended in 2026. The Supreme Court’s ruling from July 11, 2024, which maintained the autonomy of Nigeria’s 774 local government units, serves as the foundation for Fagbemi’s stance. The decision confirms that any disciplinary measures against local government officials must come from their legislative houses and clearly restricts the authority of state governors over local government matters. Citing the ruling, Fagbemi reaffirmed that it would be the local government’s legislative house’s right to remove any local government official or chairman.
The AGF denounced the Edo State government’s meddling, saying it violates the rule of law and the local governments’ authority. “The governor has no authority to remove any local government chairman under the current administration,” Fagbemi stated.
Questions concerning respect to constitutional norms at all levels of government are raised by the debate, which draws attention to persistent conflicts over autonomy and governance between state governments and local councils. The scenario in Edo State may result in court disputes that test the limits of state authority over local government authorities because the impacted officials are unwilling to leave their posts. Local council leaders’ position in defending their mandates against what they claim is illegitimate meddling has been further strengthened by Fagbemi’s remarks.
