The Presidency has declared the suspension of 18 Local Government Chairmen and Vice Chairmen in Edo State illegal and unconstitutional.
According to the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, the suspension was a clear violation of the Nigerian Constitution and the recent Supreme Court judgement on local government autonomy
Fagbemi emphasized that the removal from office or suspension of any elected LG official was the prerogative of Councilors in the said Local Government Area (LGA).
He stated that the governor had no right to remove any local government chairman, citing the July 11 judgemental of the Supreme Court that granted autonomy to the 774 LGAs in the country.
Fagbemi said, “One thing that I know and can say without fear is that under the present dispensation, the governor has no right to remove any local government chairman.
That much I know.
“If I did not know before, since July 11, 2024, I became aware that the removal of any local government chairman or official would be the prerogative of that local government, through their legislative house.”
The Edo State House of Assembly had suspended the chairmen and vice chairmen of the LGAs for two months for alleged gross misconduct and insubordination.
However, the affected officials have rejected their suspension, vowing to remain in office until the expiration of their tenure in 2026.
The development has sparked widespread condemnation, with many criticizing the governor’s sponsored action as a blatant disregard for the rule of law and the Constitution.
The Peoples Democratic Party (PDP) has also condemned the suspension, describing it as a “brazen assault on the Constitution and the rule of law.”
Legal experts have weighed in on the issue, with some arguing that the suspension was a clear violation of the Constitution and the Supreme Court judgement.
A former Nigerian Bar Association (NBA) President, Olisa Agbakoba, SAN, emphasized that the governor and the State House of Assembly had no power to remove or suspend elected local government officials.
