● PDP warns of imminent crisis as Edo Govt counters AGF
The brewing constitutional crisis in Edo State occasioned by the suspension of all the 18 local government area chairmen and their deputies is festering as officials of the state government continue to insist that the chairmen remained suspended.
Amidst the apparent breach of procedure in suspending the council chairmen, the Peoples Democratic Party, PDP, in the state has warned of an imminent breakdown of law and order should the state government refuse to retrace its steps, follow advice by the Attorney General of the Federation and Minister of Justice, Mr Lateef Fagbemi, SAN, and the ruling of a High Court in the state.
A chieftain of the PDP, Mr Ose Anenih, who spoke on Monday, described the unfolding events as “a shocking rebellion against the rule of law and the President’s authority.”
The AGF recently reaffirmed that only local councillors, not governors or state assemblies, held the constitutional authority to suspend or remove elected local government officials.
Similarly, Justice Efe Ikponmwonba of the Edo High Court issued a mandatory injunction on Friday, declaring the suspension null and void and restraining the state government and other parties from meddling in local government operations until the substantive case was heard.
However, state officials have disregarded this ruling, signalling what appeared a direct challenge to the law officer of federation and a disobedience of lawful court order.
Barrister Andrew Emwanta, a member of the governor’s administrative panel, while appearing on national television, declared that “the Constitution has placed local governments under state control, and that remains the law.”
He added, “Financial autonomy is about giving them access; but that does not mean state governments do not have control over how they use that money.
“The Supreme Court cannot amend the constitution.”
In a similar vein, Kassim Afegbua, another panel member, also countered the AGF.
He had this to say when he appeared on Arise TV: “Lateef Fagbemi might be the law officer of the federation, but he does not represent the constitution of the country and he does not represent other laws made validly under the provisions of the constitution by the Edo House of Assembly.”
The governor’s spokesperson, Fred Itua, was also quoted to have said that “The decisions by the Edo State House of Assembly, vis-a-vis, the Governor of the State, Senator Monday Okpebholo, are entirely justified.
“It is essential to note that the apex Court is both a court of law and a policy court, and while it has the power to make policy decisions, it cannot exercise this power when the Constitution is clear on a matter.
“The House of Assembly has the powers to oversight the activities of the Governor, and similarly, the Governor has the right to exercise oversight over local government chairmen.
“The current constitutional construct recognizes a two-tier federal design. It is clearly stipulated in the Constitution.”
Reacting to the government’s stand, Anenih described the unfolding events as “a shocking rebellion against the rule of law and the President’s authority.”
In a statement, he said, “As a Niger Delta man, I commend President Tinubu’s bold strides toward restructuring, particularly his efforts to strengthen local government autonomy.
“It is bewildering to see an APC governor—one of his own—leading this insurrection against both the Judiciary and the Presidency.
“How can a state openly defy a Supreme Court ruling, dismiss the Attorney General’s directives, and undermine the President’s flagship policy?
“This is an unexplainable affront not just to the rule of law but to the President’s leadership.
“The Governor’s dance-steps or should I say missteps indicate that there is clearly a drummer hiding in the bushes, with an agenda different from the President’s.”
Anenih warned of the dangers posed by such blatant insubordination.
“The Edo State Government is setting a dangerous precedent. When elected officials decide which court orders to obey and which to ignore, we edge closer to anarchy.
“I appeal to President Tinubu, Chief Fagbemi, the security forces, and even the judiciary to intervene before this crisis spirals out of control.
“The words and actions of Edo officials are already stoking tensions that could lead to a breakdown of law and order,” he warned.
It would be recalled that the crisis began when Governor Okpebholo issued a 48-hour ultimatum demanding local council chairmen to submit their financial statements directly to him.
But, the chairmen considered the order an overreach, stating it undermined the financial autonomy defined by the Supreme Court.
Following their refusal, the governor petitioned the state assembly to suspend the chairmen, citing “gross misconduct” under Section 10(1) of the Edo State Local Government Law (2000).
President Bola Tinubu’s government has been championing local government autonomy, culminating in the much-celebrated Supreme Court judgement earlier this year.
Credit: The Conclave
