After being suspended by the Edo State House of Assembly for suspected serious misbehavior, the 18 local government council chairmen and their vice chairmen said yesterday that they will continue to serve as elective officials till the end of their term in September 2026.
This was said at a press conference in Benin, the state capital, by Hon. Newman Ugiagbe, chairman of the state’s Association of Local Government of Nigeria (ALGON).
Remember how Governor Monday Okpebholo petitioned the Edo State House of Assembly to suspend the chairmen and vice chairmen of the state’s 18 local government councils for two months for refusing to provide the state government with their local government’s financial records?
Earlier, Okpebholo dissolved the leadership of all commissions in the state public service, a move which removed loyalists of former Governor Godwin Obaseki from the state’s establishment.
The Edo State Independent Electoral Commission (EDSIEC), the Civil Service Commission, the Edo State Oil and Gas Producing Areas Development Commission, the Edo State Forestry Commission, the House of Assembly Service Commission, the State Audit Service Commission, and the Judicial Service Commission were all impacted by the dissolution, which went into effect immediately, according to a statement made by Umar Musa Ikhilo, secretary to the state government (SSG).
According to Ugiagbe, the chairman of the Orhionmwon local government council, the chairmen of the councils were legitimately elected by Nigerians in September of last year in a number of local governments, and they are required by the constitution to leave office in September of 2026.
“From the forgoing, the 18 local government chairmen elected in the election of sept 2nd 2023 and sworn into office on Sept 4th 2023, remains 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”, Ugiagbe said.
Ugiagbe said the 18 Local Government Chairmen had through their Lawyer, Ogaga Ovrawah (SAN) & Sons served on the Executive Governor, Edo State of Nigeria and the Honourable Speaker, Edo State House of Assembly,.
“A Notice of Judgment in Suit No. B/25/0S/2U24: by Hon. Newman Oghomwen Ugiagbe & 17 Ors” delivered by the Hon. Chief Judge of Edo State High Court of Justice wherein he granted the following orders:
“A declaration that Section 10(1) of the Edo State local Government Law, 2000 conflicts with the provisions of Section 7(1) and (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). And thus unconstitutional, ultra vires, null and void and of no effect whatsoever .
“To the extent that it provides that upon the 1st Defendant’s action, request or otherwise, the Edo State House of Assembly by its resolution so direct the 1st” Defendants action to dissolve all of the democratically elected 18 Local Government Councils of Edo State of which the Claimants are Chairmen on or before the expiration/lapse of the tenure of three (3) years stipulated under the said Edo State Local Government Law, 2000.”
“(ii) A declaration the tenure of the Claimants are statutorily set at three (3) years with effect from the date they took their respective oaths of office, specifically from 4th of September, 2023 and therefore are entitled to hold office for the duration of three years and in accordance with the provisions of Section 18 (1) — (3) of the Edo State Local Government, 2000”.
He reiterated that a reminder was served on the Honourable speaker in the early hours of 17th December, 2024 wherein he was also intimated of another suit instituted against Edo State Government, the Governor of Edo State. & Others in Suit No: B/3070S/2024 by Orhionmwon Local Government Council & 17.
He added, “The High Court of Justice No. 2, Benin City granted an Interim Order restraining the defendants therein from “interfering with, obstructing and disturbing the Claimants exercise of their Constitutional rights over all assets and funds allocated to them from the Federation Account” and, also “restrained the defendants from suspending, removing, redeploying, meddling or in any manner interfering with them in the administration and management of their Councils”
Ugiagbe cited a similar Supreme Court ruling in Attorney General of Federation v. Attorney General of Abia State & 35 Ors (2024) LPELR-62576 (SC), which clearly nullified the 36 State Governors’/Houses of Assembly’s or their privies’ authority to dissolve or interfere with local government administration or management using state powers derived from laws enacted by the State Houses of Assembly (however so called) or executive orders/other actions (however so called). According to the aforementioned, the Edo State House of Assembly’s action on Tuesday, December 17, 2024, in response to Governor Monday Okpebholo’s request to suspend the Chairmen/Vice Chairman, is ultra vires and, therefore, a nullity because it is based on nothing legally. It is also a contempt against the order of the court.
He however called on the security agencies to help protect their various council’s secretariat from possible attacks.
