The PDP’s Edo State Chapter has requested that President Bola Ahmed Tinubu summon Senator Monday Okpebholo, the state governor, to account for the governor’s disrespect for the law and court decisions pertaining to local government councils’ financial autonomy.
In a related development, suspected political thugs broke into the legislative chamber on Tuesday and took the legislative mace, increasing political tension in Agenebode, the administrative center of Etsako East Local Government Area in Edo State. As the 10 council members reaffirmed their support for Princess Benedicta Attoh, the chairman of the council, the development sent council employees into a panic.
The opposition PDP also expressed deep worry at the way Okpebholo is going, stating if urgent and decisive action is not taken to address this lawlessness and restore order within the system, the state 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 a news conference titled “Extermination of Constitutional Democracy in Edo State” held in Benin City on Tuesday, Dr. Tony Aziegbemi, the chairman of the Edo PDP, made this claim.
“The state government and its agents have proceeded to enforce their individual interests and capriciously and illegally and in breach of court injunctions in purportedly suspending the council chairmen,” he said, despite the clear and binding ruling from Edo State Chief Judge Justice Daniel Okungbowa, which upheld that the Edo State Government and the Edo State House of Assembly have no legal right to suspend or dissolve elected local government councils.
He claimed that the Edo Chief Judge, in accordance with the doctrine of stare decisis, had referenced the recent ruling of the Supreme Court in July 2024 in a case brought by the Attorney General of the Federation and Minister of Justice, an APC leader, which confirmed that it is unlawful, unconstitutional, and void for any state government, House of Assembly, or its representatives to dissolve or suspend elected local government council members.
Notwithstanding the constitutional, legal, social, security, political, and economic ramifications and consequences, Governor Okpebholo proceeded to suspend local government council chairs and their deputies.
Aziegbemi also asked President Tinubu to note there was no complaint made against the Vice Chairmen and the House of Assembly but the House of Assembly still proceeded to suspend them hiding under Section 20 of the same law, which did not give the Assembly any power to suspend any local government official.
He said this flagrant disregard for the judiciary and the subversion of the country’s constitution portend a serious threat to democracy, pointing out that if this lawlessness is allowed to continue, it will not only undermine the rule of law but will also create a dangerous precedent, weakening the entire legal and democratic system.
“What we are witnessing, and we say this with all sense of responsibility, is an attempt to unlawfully and illegally remove or overthrow an elected tier of government in Edo State, a component and federating unit of the Federal Republic of Nigeria, contrary to Section 1(2) of the Constitution and judicial orders. In other words, an attempted coup d’etat in the state”, the Edo PDP chair declared.
Aziegbemi further said: “We are compelled to call this press conference today to update the general public and all other stakeholders on the ongoing extermination of constitutional democracy, lawlessness, and blatant disregard for the rule of law by the Edo State Government under the leadership of Monday Okpebholo.”
“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.
“As you are aware, recent events have brought to light the unlawful suspension of the duly elected Chairmen and Vice Chairmen of the 18 Local Government Councils in Edo State purportedly by the State House of Assembly, following the directive of the Governor-select Monday Okpebholo.”
“The illegal suspension, carried out on December 17, 2024, was executed under the false pretense of ‘gross misconduct and insubordination’, without fair hearing and under the misplaced and mistaken belief that the Chairmen and their Vice Chairmen are subordinate to the governor, who premised his directive on Section 10(1) of the Local Government Law of Edo State which has since been voided by the judgment of the Chief Judge of Edo State.”
“It should be noted that no complaint was made against the Vice Chairmen and the House of Assembly still proceeded to suspend them and this they claimed to do under Section 20 of the same law, which did not give the Assembly any power to suspend any Local Government Official!!!”
“We are alarmed that despite the clear and binding judgment from the Chief Judge of Edo State, Justice Daniel Okungbowa, who upheld that the Edo State Government and the Edo State House of Assembly have no legal right to suspend or dissolve elected local government councils, the state government and their agents proceeded to enforce their individual interests and capriciously and illegally and in breach of court injunctions in purportedly suspending the council chairmen.
“This they did without regard to the constitutional, legal, social, security, political and economic implications and consequences. “The State Chief Judge, abiding by the principles of stare decisis, had cited the recent judgment delivered by the Supreme Court in July, 2024, in a suit filed by the Attorney General of the Federation and Minister of Justice, (an APC chieftain) affirming that the dissolution or suspension of elected local government council members by any state government, House of Assembly, or its agents is unconstitutional, illegal, and null and void.”
Besides, he reminded the president that what is happening in Edo State is a clear disregard of the advice of President Bola Ahmed Tinubu given through the Attorney General of the Federation on this matter, noting that the AGF was emphatic when he insisted that elected local government council chairmen and their vices cannot be dissolved, removed or suspended without following the due process of law, through the Councillors.
His words: “However, Governor Okpebholo and his handlers jettisoned the advisory, deploying thugs and non-state actors who have been moving from council to council with whips and dangerous weapons to illegally enforce the illegal suspension of the local government chairmen despite the prevailing legal position on this issue and in utter breach of express court orders.
“Most troubling however was that the council chairmen had approached the court for redress on the matter and Justice Efe Ikponmwonba of the Edo State High Court 2, Benin City issued a mandatory injunction, restraining the state government, the governor and other parties from meddling in local government affairs and operations until the substantive case has been heard and settled.
“Sadly, in total disregard of and disobedience to the prevailing orders and laws, the state government has continued in its acts of crass lawlessness, contemptuous disregard of judicial orders, abuse of processes and misuse of executive power, which dangerously portends the extermination of constitutional democracy in the State. We are aware that the Governor seeks to enforce and has indeed commenced his devious and illegal agenda with the help of vile and violent thugs and other non-state actors.”
In the meantime, it was learned in Etsako East LGA that the criminals who stole the legislative mace intended to use it to remove the chairman from office. After the illegal dissolution of the 18 local government councils, Edo’s local government councils had been at odds with Sen. Monday Okpebholo, the governor of Edo State. The councillors quickly responded to the development by calling the perpetrators “democratic assassins” who aim to destroy democracy in Etsako East in a statement issued through Ibrahim Abdulsalim Afoso, the majority leader of the House.
Afoso said: “We reaffirmed our unwavering support for the council Chairman Hon. Princess Benedicta Attoh. We are standing with her and by her.”
“Any impeachment from any quarter can’t stand because it’s not coming from the elected Councillors. Hon. Benedicta Attoh is the Executive Chairman Etsako East Local Government Council and it will remain so”.
“We have just received reports that the legislative mace of the Etsako East Local Government Council has been stolen by unknown persons. We condemn this act and disassociate ourselves from this blatant display of desperation and lawlessness.”
“In light of recent events, we, the councilors of Etsako East Local Government Area, wish to reaffirm our unwavering support and loyalty to our Chairman, Hon. Princess Benedicta Attoh. We stand firmly behind her leadership and vision for our local government council.”
“We urge the perpetrators of the theft to return the mace immediately and call on the security agencies to investigate this incident and bring the culprits to justice.”
