Thursday, December 19, 2024 - The 18 suspended local government chairmen in Edo State on Wednesday dared the State House of Assembly, insisting that they can’t be suspended or removed from office.
The council chairmen were on Tuesday suspended for two months by the
House over alleged misconduct.
The lawmakers took the decision while acting on a petition by Governor
Monday Okpebholo against the council chairmen.
The LG chairmen, under the aegis of the Edo State chapter of the
Association of Local Government of Nigeria, ALGON, kicked against their
suspension at a press briefing in Benin City.
Newman Ugiagbe, the chairman of Orhionmwon LGA, who briefed the press,
stressed that their purported suspension by the House of Assembly on Tuesday,
December 17, 20204, was a violation of court orders.
Ugiagbe, who is also the Edo State chairman of ALGON, said the tenure of
the council chairmen who were sworn in on September 4, 2023, would only come to
an end in 2025.
He posited that their purported suspension from office by the State
House of Assembly was unconstitutional, ultra vires, null and void, and of no
effect whatsoever.
According to him, the Edo State High Court had in suits filed against
the state government and the House of Assembly ordered the defendants not to
dissolve the democratically elected council executives on or before the
expiration of their three-year tenure.
The state ALGON chairman averred that the association on December 17,
2024, served a reminder on the Speaker of the House, to inform him of another
suit numbered B/3070s/2024, instituted against the governor, Okpebholo.
He said in the suit, the state High Court 2, granted the chairmen an
interim order restraining the defendants from interfering with, obstructing,
and disturbing the claimants of exercise of their constitutional rights over
all assets and funds allocated to them from the Federation Account.
He added that the courts restrained the defendants from suspending,
removing, redeploying, meddling, or in a manner interfering with them in the
administration and management of their councils.
Ugiagbe further referred a Supreme Court judgment in a case between the
Attorney-General of the Federation and that of Abia State and 36 others where
the apex court removed the powers of the 36 state governors and House of
Assembly, or acting through their privies, to dissolve or interfere in local
government administration or management by using state powers derivable from
laws enacted by the House of Assembly or (anyhow so-called or executive
orders/other actions (anyhow so-called).
“From the foregoing, the 18 Local government elected in the election of
September 2, 2023, and sworn into office on September 4, 2024, remain the
executive chairmen of our respective local government councils and we are going
on with our constitutional responsibility as the chief executive officers of
our councils.
“From the foregoing, it is given that the
action of the Edo State House of Assembly on Tuesday, December 17, 2024, in
response to the request from Governor Monday Okpebholo, suspending the
chairmen/ vice chairmen is ultra vires and therefore a nullity because it is
based on nothing in the eyes of the law. It is also a contempt against the
orders of the courts,” he said.
Ugiagbe called on security agencies, and
other institutions of government saddled with the responsibility of enforcing
law or order to protect all assets and buildings of the local government
councils.
He requested the deployment of security
personnel to all 18 Local government secretariats in defense of the
Constitution of the Federal Republic of Nigeria, that is being allegedly
impeded by the Edo State House of Assembly.
Ugiagbe noted that the deployment of security
personnel would help to create an enabling environment for the smooth discharge
of the functions for which they were sworn in as duly elected political office
holders.
Recall that the Edo State House
of Assembly had on Tuesday, December 17, 2024, at the plenary suspended the 18
Local government chairmen and their deputies following a petition written
against them by Governor Monday Okpebholo.
The governor had in the petition accused the
council executives of insubordination and gross misconduct.
He alleged that the council chairmen refused
to submit the financial account statements of their various local governments
to the State Asset Verification Committee.
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