The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has strongly declared the suspension of the Chairmen and Vice Chairmen of the 18 Local Government Areas (LGAs) in Edo State as both illegal and unconstitutional.
In a statement to journalists in Abuja, Fagbemi emphasized that the power to remove or suspend any elected local government official lies solely with the Councilors of the respective LGA. His position aligns with the landmark Supreme Court ruling on July 11, 2024, which granted full autonomy to the 774 local government councils across Nigeria.
The Attorney-General stated, “Under the present dispensation, no Governor has the right to remove any local government chairman. This is a position I can affirm with certainty, especially following the Supreme Court’s judgment in July 2024, which affirmed that the removal of local government officials must be done by the legislative house of that LGA.”
Fagbemi’s comments follow the controversial suspension of Edo State’s local government officials, who were accused of gross misconduct and insubordination by the State House of Assembly. The Assembly ordered the chairmen and vice chairmen to vacate their offices for two months, directing that the legislative leaders take over governance in their stead. This action was reportedly triggered by a letter from Governor Monday Okpebholo, who accused the local officials of failing to submit their financial reports for an extended period, from September 2022 to the present.
In response, the suspended officials have rejected their removal, maintaining their stance that they will remain in office until the end of their term in 2026.
While the AGF had initially refrained from commenting on the suspension, he explained that he sought clarity on the legal grounds behind the move before speaking out. His firm stance reinforces the autonomy granted to local governments, ensuring that no external body, including state governors, can arbitrarily suspend elected officials.
In addition to discussing the LGA issue, Fagbemi provided updates on the ongoing justice sector reforms. He highlighted the development of the 2024-2028 National Policy on Justice, aimed at tackling persistent challenges in Nigeria’s judicial system. The policy is part of broader efforts to address prison overcrowding, with a focus on promoting non-custodial sentences like community service under the Administration of Criminal Justice Act (ACJA), 2015, and the Nigerian Correctional Service Act (NCSA), 2019.
“The ACJA aims to expedite the delivery of justice, safeguard human rights, and enhance accountability within the criminal justice system,” the AGF noted. “We are working closely with the states to adopt and implement their own versions of the ACJA, which has now been replicated in all 36 states.”
Fagbemi also touched on the ongoing audit of Nigeria’s correctional centers, a joint initiative with the Ministry of Interior and the Nigerian Correctional Service. The audit, which began in late November 2024, aims to assess the condition of correctional facilities and the status of inmates across the country. This audit is expected to provide critical data that will inform future policies to improve the management and operation of the nation’s correctional system.
While lauding the progress in the justice sector, Fagbemi emphasized that continued focus is needed to address the existing challenges in Nigeria’s legal and correctional institutions.
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