The Edo State government, led by Governor Monday Okpebholo, has sparked widespread outrage following its decision to suspend the chairmen and vice-chairmen of 18 local government areas in the state. The suspension, executed by the Edo State House of Assembly on December 17, has raised significant legal and constitutional concerns, with critics accusing the governor of overstepping his bounds.
Governor Okpebholo justified the suspension by accusing the local government officials of insubordination and misconduct, notably for their failure to submit their financial statements to him. However, the action has been met with criticism from legal experts and political stakeholders, who have pointed to recent Supreme Court rulings affirming local government autonomy.
The Nigerian Supreme Court had previously ruled that state governments are not permitted to dissolve or interfere in the operations of democratically elected local councils. This ruling has been a cornerstone of local government autonomy in Nigeria, with several critics arguing that the Edo State government’s suspension of the chairmen contradicts this principle.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has also weighed in, calling the suspension “illegal” and reinforcing the view that local government autonomy is enshrined in the Constitution. Furthermore, the Association of Local Governments of Nigeria (ALGON) condemned the action, labeling it an abuse of power that undermines the democratic process at the local government level.
Despite the growing criticism, Barrister Andrew Emwanta, a member of the Administrative Panel of Inquiry set up by the state government, has defended the suspension. Appearing on Channels TV, Emwanta argued that the state government acted within its constitutional rights. He contended that while the Supreme Court’s ruling guarantees local government financial autonomy, it does not grant local governments full political independence. Emwanta emphasized that the Nigerian Constitution places local governments under the oversight and control of the state governments, including the governor and the state assembly.
“The Constitution has placed local governments under state control, and that remains the law,” Emwanta stated. “It is now for the National Assembly to grant them full political independence, but that is not yet the case.”
He further clarified that financial autonomy, as outlined in the Supreme Court ruling, only pertains to access to funds and does not imply unrestricted control over the use of such funds. According to Emwanta, the suspension of the chairmen aligns with the governor’s constitutional role in overseeing the affairs of local councils.
The ongoing dispute has ignited a broader conversation about the balance of power between state governments and local governments in Nigeria, with many calling for a reevaluation of the constitutional framework governing local government autonomy.
As the controversy unfolds, the legal battle over the suspension of the local government officials is likely to continue, with significant implications for the future of local government governance in Edo State and across Nigeria.
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