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Okpebholo’s Illegal Suspension of LG Chairmen
Apparently based on the directive of Governor Monday Okpebholo, the Edo State House of Assembly last week made mockery of the Supreme Court’s judgment on local government autonomy when it suspended the chairmen and vice chairmen of the 18 local government councils for two months over alleged insubordination and gross misconduct.
Okpebholo had earlier written a petition to the assembly accusing the chairmen of refusal to submit financial records of their local government councils to the state government, describing their action as an act of insubordination and gross misconduct.
The suspension is a blatant disregard of the recent ruling of the Chief Judge of Edo State, Justice Daniel Okungbowa, and the Supreme Court’s decision in a suit filed by the Attorney General of the Federation and Minister of Justice, Later Fagbemi (SAN), which affirmed the autonomy and independence of local governments as guaranteed under the 1999 Constitution.
Reacting to the suspension on Wednesday, Fagbemi declared that governors lack the constitutional authority to suspend or remove local government chairmen from office.
“Governors do not have the right to suspend or remove duly elected local government chairmen,” Fagbemi told journalists.
Similarly, the chairmen of all 18 LGAs in the state have also rejected the two-month suspension, describing it as a “nullity” and a violation of court orders.
The Executive Chairman of Orhionmwon LGA and Chairman of the Edo State chapter of the Association of Local Governments of Nigeria (ALGON), Newman Ugiagbe, dismissed the suspension as unconstitutional.
“This suspension is a brazen disobedience to the constitution,” Ugiagbe said.
When a chairman of a local government is accused of misconduct, it is the councilors that are empowered by law to remove them from office by way of impeachment and not the state assembly or governor.
Unfortunately, the Peoples Democratic Party (PDP)-dominated state assembly that was supposed to resist the action of the Edo State governor, rubber-stamped the illegality.
In order to ensure that the chairmen do not return to their seats, they have been invited by the Economic and Financial Crimes Commission (EFCC) for possible corruption allegations and charges.
Will Fagbemi ignore this assault on the Supreme Court’s judgment and the Constitution because the governor is a member of APC? Nigerians and the people of Edo State are watching.