Tuesday, December 24, 2024 - The constitutional crisis in Edo State escalated on Monday, December 23, as Governor Monday Okpebholo and the Edo State House of Assembly doubled down on their decision to suspend all 18 local government chairmen, despite a court ruling declaring the suspension null and void.
On Friday, December 20, Justice Efe Ikponmwonba of the Edo High Court
issued a mandatory injunction nullifying the suspension and restraining the
state government and other parties from interfering with local government
operations until the substantive case is determined.
This follows a landmark Supreme Court judgment secured by President Bola
Tinubu’s administration affirming the financial and administrative autonomy of
local councils. However, the suspension of local government chairmen by the Edo
State Government has raised questions about the practical enforcement of that
autonomy.
The crisis began when Governor Okpebholo issued a 48-hour ultimatum for
local council chairmen to submit their financial statements directly to him.
After their refusal, the governor petitioned the state assembly to suspend the
chairmen, accusing them of “gross misconduct” under Section 10(1) of the Edo
State Local Government Law (2000). The assembly complied, suspending the
chairmen and their deputies for two months.
State government officials have clashed with the Attorney General of the
Federation (AGF), Chief Lateef Fagbemi, SAN, who recently reaffirmed that only
local councillors—not governors or state assemblies—hold the constitutional
authority to suspend or remove elected local government officials.
Barrister Emwanta, a member of the governor’s administrative panel,
dismissed the AGF’s stance, stating on Channels Television, “The Constitution
has placed local governments under state control, and that remains the law.
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.”
Kassim Afegbua, another panel member, criticized the AGF, saying,
“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.”
Fred Itua, spokesperson for the governor, echoed these sentiments. “The
decisions by the Edo State House of Assembly, vis-a-vis, the Governor of the
State, Senator Monday Okpebholo, are entirely justified,” he said. “The current
constitutional construct recognizes a two-tier federal design. It is clearly
stipulated in the Constitution.”
However, opposition voices have described the situation as a direct
challenge to the rule of law and federal authority. PDP chieftain Hon. Ose
Anenih called the actions of the Edo State Government “a shocking rebellion
against the rule of law and the President’s authority.”
“As a Niger Delta man, I commend President Tinubu’s bold strides toward
restructuring, particularly his efforts to strengthen local government
autonomy,” Anenih said. “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?”
Anenih warned of the implications of such defiance, adding, “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.”
0 Comments