Federal Government Declares Suspension of Edo Local Government Chairmen, Vice Chairmen Illegal and Unconstitutional
The Federal Government, through the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), has declared the suspension of the chairmen and vice chairmen of the 18 local government areas (LGAs) in Edo State as illegal and unconstitutional.
Fagbemi, speaking to newsmen in Abuja on Thursday, emphasized that the suspension or removal of any elected local government official in Nigeria falls under the jurisdiction of the councillors in the respective LGAs. His comments came in response to the suspension of the chairmen and their deputies by the Edo State House of Assembly, which was based on allegations of gross misconduct and insubordination.
The Edo State House of Assembly had announced a two-month suspension for the local government officials, accusing them of failing to submit their financial reports from September 23, 2022, to the present, as directed. The Assembly also instructed the suspended chairmen and vice-chairmen to hand over their responsibilities to the legislative leaders of their respective local governments.
However, the affected LGA officials have rejected the suspension, insisting they would remain in office until the expiration of their tenure in 2026. They argue that the suspension was unjustified and did not follow due process.
Fagbemi based his statement on the July 11, 2024, judgment of the Supreme Court, which granted autonomy to the 774 local governments in the country. He stressed that the governor has no authority to remove a local government chairman or official, and such a decision must be made by the legislative house of the respective local government.
“I can say without fear that under the present dispensation, the governor has no right to remove any local government chairman. Since the Supreme Court ruling on July 11, 2024, it became clear that such matters must be decided by the local government through their legislative house,” Fagbemi stated.
He further added that he had delayed his statement to better understand the basis for the suspension but ultimately confirmed that the action taken by the Edo State House of Assembly was illegal and unconstitutional.