AGF Counters Edo Governor Okpebholo, Reveals Why LG Chairmen Suspension Is Unconstitutional

The Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, has described the suspension of local government chairmen and their deputies in Edo State as unconstitutional and a violation of the Supreme Court's July 11, 2024, judgment on local government autonomy.

Speaking to journalists in Abuja on Thursday, Fagbemi emphasized that elected local government officials could only be suspended or removed through their respective legislative councils, not by the state governor or the state assembly.

"One thing is clear: under the current legal framework, the governor has no authority to remove or suspend any local government chairman,ÔÇØ Fagbemi stated. "This prerogative lies solely with the legislative council of the affected local government, as affirmed by the Supreme Court judgment granting autonomy to the 774 local governments across the country.ÔÇØ

The AGF disclosed that he initially refrained from commenting on the matter, intending to understand the grounds for the purported suspension. However, he made it clear that any action contrary to the legal stipulations constitutes an overreach of gubernatorial powers.

The dispute began when the Edo State House of Assembly suspended the chairmen and vice-chairmen of the state's 18 local government areas for two months, accusing them of gross misconduct and insubordination. Acting on a directive from Governor Monday Okpebholo, the assembly alleged that the officials failed to submit financial reports covering the period from September 23, 2022, to date.

In response, the assembly instructed the suspended officials to hand over to the legislative leaders of their respective councils. Governor Okpebholo justified his actions by alleging a lack of accountability among the local government executives.

The AGF's position aligns with the Supreme Court's July 11 judgment, which strengthened local government autonomy and curtailed state interference. The judgment explicitly states that local government councils operate as independent entities, with elected officials accountable to their respective legislative councils, not state governors.

"The suspension undermines the principles of democracy and local government autonomy upheld by the Supreme Court,ÔÇØ Fagbemi remarked. "Governors must understand that their powers do not extend to arbitrarily dismissing or suspending elected officials at the local government level.ÔÇØ

The suspended Edo LG officials have rejected the suspension, maintaining that their tenure is protected by law until 2026. They argue that the governor's actions are politically motivated and infringe upon their constitutional rights.

Legal experts and advocacy groups have joined the AGF in calling for adherence to constitutional provisions. They urge state governments to respect the autonomy of local government councils and refrain from actions that disrupt democratic processes.

Fagbemi called on all stakeholders, including civil society organizations, to hold state governments accountable for upholding the rule of law. "This issue is not just about Edo State. It's a test of our commitment to democracy and the autonomy of grassroots governance,ÔÇØ he concluded.

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