Suspension of Edo LG Chairmen, Deputies unconstitutional – AGF

The Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi, SAN, has described the suspension of Chairmen and Vice Chairmen of the 18 Local Government Areas (LGAs) in Edo State as illegal and unconstitutional.

Speaking in Abuja on Thursday, the AGF emphasized that the removal or suspension of any elected local government official in Nigeria is solely the prerogative of Councilors in the respective LGAs.

Prince Fagbemi referenced the Supreme Court’s July 11 judgment, which granted full autonomy to the country’s 774 LGAs, reaffirming the principle of local government independence.

“The suspension of these officials is not within the purview of the state government. It is an unconstitutional act that disregards the authority of the local council legislative arms,” he said.

The AGF’s stance highlights the need for compliance with the Supreme Court’s ruling, ensuring that elected officials at the local government level are not removed or suspended without due process.

He 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 of it that removal of any local government chairman or official would be the prerogative of that local government, through their legislative house,” the AGF stated.

However, he said his initial reluctance to react to the development was because of the fact that he wanted to know the basis upon which the LGA officials in Edo state were reportedly suspended.

It will be recalled that the Edo State House of Assembly suspended the chairmen and vice chairmen of the LGAs for two months over their alleged gross misconduct and insubordination.

The Assembly directed the council leaders to hand over to the legislative leaders of their respective local governments.

The action followed a letter from Governor Monday Okpebholo, who accused the council officials of insubordination, alleging that they failed to submit their financial reports from September 23, 2022, to date, as directed.

The LGA officials had since rejected their purported suspension, even as they vowed to remain in office till the expiration of their tenure in 2026.

More details soon.