The Attorney General and Minister of Justice, Lateef Fagbemi’s position on suspending elected local government area chairmen and their vice, the fate of the 18 local government council chairmen in Edo State and their vice had been sealed.
Several high-profile political leaders of the All Progressives Congress, APC, were already angling to take over the councils.
Reason: the 192 elected councillors and all the appointed Supervisory Councillors are from the Peoples Democratic Party, PDP, and they all worked against the election of Governor Monday Okpebholo.
Meanwhile, the recent Supreme Court judgment on financial autonomy for the local government areas and Fagbemi’s clarification after the suspension of the chairmen and their vice chairmen by the state House of Assembly forced the governor and his men to retreat and re-strategise.
The House had mandated leaders of the legislative arms to take over leadership of their respective councils after the suspension of the chairmen and their vice.
The suspension was as a result of a letter written by Okpebholo to the Edo State House of Assembly requesting the suspension of the council chairmen over gross misconduct and insubordination.
But a few hours after, the Edo State High Court II sitting in Benin City in Suit NO:B/307/OS/24 between the 18 local government chairmen, ALGON and the Edo State Government, the Governor of Edo State, the Deputy Governor, Edo State, the Attorney General of Edo State, the Accountant General of Edo State and The Permanent Secretary, Ministry of Local Government Community and Chieftaincy Affairs as Defendants ordered that “the status quo ante bellum (as at 12/12/2024), pending the hearing and determination of the Motion on Notice in this Suit filed on the 12/12/2024” and an order restraining the defendants by “themselves their privies, servants, agent, howsoever named or described from in any way giving effect to, or acting on the resolution suspending the Claimants’ elected Chairman/Vice Chairmen purportedly made by the Edo State House of Assembly on the 16/12/2024 or any other day, pending the hearing and determination of the Motion on Notice in this suit filed on the 12/12/2024.”
The presiding judge, Justice Efe Ikponmwonba, thereafter adjourned the case to January 17, 2025.
The leeway left for the government was to impeach the chairmen and their vice chairmen by the elected councillors, legitimising their taking over the councils.
If the leadership of the PDP and the Association of Local Governments of Nigeria, ALGON, which pledged support to the government had not insisted that the rule of law and the constitution enabled their members to retain their position, they would have been disappointed with recent developments.
Contacted by GOVIMA to speak on the issue, ALGON chairman, Newman Ugiagbe, who is also the chairman of Orhionmwon local government area, said he was in a meeting.
Meanwhile, two chairmen, Edosa Enowoghomenma of Ovia South West LGA with eight elected councillors including the Leader of the House, Nosakhare Edobor and Dickson Ahonsi of Owan West and five elected councillors had officially defected to the APC.
While the local government chairman of Ovia South West, Emmanuel Ogbomo, received Enowoghomenma and his team, the State Secretary of the party, Lawrence Okah, received Ahonsi and the councillors at the state secretariat of the APC in Benin City.
Before these defections, the chairman of Esan Central, Eghor, Owan East, Orhionmwon and Uhinmwonde had been reportedly impeached, an action described as illegal, unconstitutional and did not follow due process.
Since the suspension by the State House of Assembly, more than half of the remaining chairmen have not been able to access their offices.
Addressing a press conference, Tuesday, at the State Secretariat of the PDP, state chairman of the party, Dr Tony Azeigbemi, said the APC-led government has killed democracy in the state.
According to him, the state governor, Sen. Monday Okpebholo has deployed strategies including using non-state actors to ensure that the chairmen and their vice do not resume office despite court orders restraining the governor and the House of assembly from taking any action against the elected chairmen.
“We are deeply worried that if urgent and decisive action is not taken to address this lawlessness and restore order within the system, we may witness an escalation that could result in crisis, anarchy, and chaos and which presents a clear and imminent danger of a breakdown of law and order in Edo State.”
But in a reaction, the Acting Chairman of the Edo State APC, Jarrett Tenebe, said the Edo State PDP Caretaker Committee’s allegations of “extermination of constitutional democracy” and “lawlessness” against the Edo State government are unfounded and libellous, and noting that the party is in support of the impeachment of the 18 local government council chairmen.
He said: “For the record, the suspension of local government chairmen and vice chairmen by the House of Assembly was done to maintain order and stability in the State.
“Governor Okpebholo has a responsibility to ensure that all the three tiers of government operate within the ambit of the law in the State. It is crucial to recognize that the government must protect the interests of the citizens and maintain public order.
The Edo State Laws, as documented by the Ministry of Justice, provide a framework for the governance of the State. While the factional narcissistic PDP Caretaker Committee claims that the Governor’s actions are in breach of court injunctions and the Constitution, it is essential to consider the complexities of the situation.
“Rather than accusing the Governor of “lawlessness” and “extermination of constitutional democracy,” the narcissistic factional PDP Caretaker Committee should engage in constructive dialogue and seek solutions that promote the well-being of all Edo State citizens.”
“The government, opposition parties, and civil society organizations should work together to address any perceived grievances and ensure that the democratic process is upheld.”
Though there have been mixed reactions to what is happening in Edo, the unanimous conclusion is that it will be the end of controversies surrounding the autonomy of local governments and the influence of governors viz a viz the Supreme Court judgment and the 1999 constitution as amended.
