A major political standoff is unraveling in Edo State, Nigeria, as eighteen local government chairmen and their deputies, who had been suspended by the Edo State House of Assembly, boldly declared their intention to remain in office.
This defiant stance came in response to allegations of gross misconduct and insubordination levied against them by Governor Monday Okpebholo, which led to their suspension.
The controversy began when the Edo State House of Assembly, acting on a petition from Governor Okpebholo, decided to suspend the council chairmen for two months. The governor accused the chairmen of refusing to submit financial account statements of their respective local governments to the State Asset Verification Committee, an act he deemed as insubordination and gross misconduct.
However, the suspended chairmen, under the aegis of the Edo State chapter of the Association of Local Government of Nigeria (ALGON), vehemently opposed this decision, arguing that it was unconstitutional and violated court orders.
Newman Ugiagbe, the chairman of Orhionmwon LGA and the state chairman of ALGON, led the charge against the suspension. At a press briefing in Benin City, Ugiagbe emphasized that the suspension was a violation of court orders, asserting that the tenure of the council chairmen, who were sworn in on September 4, 2023, would only end in 2025. He described the suspension as "unconstitutional, ultra vires, null and void, and of no effect whatsoever."
Ugiagbe further highlighted that the Edo State High Court had previously issued orders preventing the dissolution of the democratically elected council executives before the expiration of their three-year tenure. He noted that on December 17, 2024, ALGON served a reminder to the Speaker of the House, informing him of another suit numbered B/3070s/2024, filed against Governor Okpebholo.
In this suit, the state High Court granted an interim order restraining the defendants from interfering with the chairmen's constitutional rights over assets and funds allocated to them from the Federation Account.
The legal battle drew attention to a Supreme Court judgment in a case between the Attorney-General of the Federation and that of Abia State and 36 others.
This judgment removed the powers of state governors and Houses of Assembly to dissolve or interfere in local government administration using state laws or executive orders. Ugiagbe referenced this judgment to argue that the actions of the Edo State House of Assembly were "ultra vires and therefore a nullity because it is based on nothing in the eyes of the law."
In light of these developments, Ugiagbe called on security agencies and other government institutions responsible for enforcing law and order to protect the assets and buildings of the local government councils. He requested the deployment of security personnel to all 18 local government secretariats to ensure the smooth discharge of their functions as duly elected political office holders.
Despite the suspension, the chairmen remained resolute in their commitment to continue their duties until the expiration of their tenure in September 2026.
They argued that they were duly elected by their various local governments in September 2023 and enjoyed constitutional backing until the end of their term. Ugiagbe reiterated that the chairmen had served a notice of judgment to the Edo State Governor and the Speaker of the House, emphasizing that the suspension was a contempt against court orders.
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