The administration of Governor Monday Okpebholo has criticized Attorney General Lateef Fagbemi for meddling in the state’s local council crisis, accusing him of circumventing constitutional provisions pertaining to local government autonomy. The Edo governor asserted that the Constitution only acknowledges a two-tier federal system, further intensifying his suspension of the council chairpersons.
The Edo governor’s spokesperson, Fred Itua, maintained that the suspension of the local government heads by the Edo House of Assembly at Mr. Okpebholo’s request was constitutional.
“The decisions by the Edo State House of Assembly, vis-a-vis the governor of the state, Senator Monday Okpebholo, are entirely justified,” Mr Itua explained. “It is essential to note that the apex court is both a court of law and a policy court and while it has the power to make policy decisions, it cannot exercise this power when the Constitution is clear on a matter.”
Mr Itua mentioned that since state lawmakers have the power to oversee the governor’s activities, Mr Okpebholo “has the right to exercise oversight over local government chairmen.”
“The current constitutional construct recognises a two-tier federal design. It is clearly stipulated in the Constitution,” claimed Mr Okpebholo’s spokesman.
The Edo House of Assembly, acting on the petition of Mr Okpebholo, suspended the state’s council chairs for refusing to accede to the governor’s directive demanding the local councils’ payroll.
On Friday, Justice Efe Ikponmwonba of the Edo High Court invalidated the suspension of council chairpersons and ordered Mr Okpebholo’s government to stop interfering in their affairs.
Andrew Emwanta and Kassim Afegbua of the governor’s administrative panel insisted that local governments are under the control of state governments.
“The Constitution has placed local governments under state control, and that remains the law,” Mr Emwanta said during a recent interview on Channels TV. “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.”
Mr Afegbua pointed out that the justice minister “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.”
