The Edo State House of Assembly’s suspension of all elected chairmen and vice-chairmen across the 18 local government councils has sparked widespread outrage, with critics describing the move as a blatant violation of the Nigerian Constitution and the recent Supreme Court ruling on local government autonomy.
The House acted on a petition submitted by Governor Monday Okpebholo, who had earlier demanded that the local government chairmen submit statements of accounts to him — a demand widely criticised for its lack of legal basis, reports Daily Trust.
The suspended chairmen, all members of the opposition Peoples Democratic Party (PDP), had already obtained an injunction restraining the governor from interfering in their constitutionally guaranteed functions.
Section 7(1) of the 1999 Constitution (as amended) guarantees that “the system of local government by democratically elected local government councils is under this Constitution guaranteed.” Legal experts point to the Supreme Court’s recent ruling reaffirming that state governments lack the legal authority to interfere in the operations or finances of local governments.
Reacting to the development, Barr. Anthony Ehilebo, a PDP chieftain and Special Adviser on Media to Barr. Asue Ighodalo, lambasted the suspension as both illegal and politically motivated.
Speaking on Channels Television, Ehilebo remarked, “This all started when the governor asked the LGA chairmen to submit statements of accounts to him. Of course, he has no legal backing to make such a demand; and everyone will recognize that it flies in the face of the recent Supreme Court judgement on the financial autonomy of local governments. In fact, the governor and the assembly members are in contempt of the Supreme Court. The purported suspension of the local government chairmen by the state assembly is as absurd as the president asking the National Assembly to suspend state governors because they refused to submit statement of accounts to him. This is a witch hunt. The LGA chairmen are all PDP members. The suspension is unknown to law and will be ignored.”
In a strongly worded statement, the Edo State PDP Chairman described the suspension as an abuse of power.
“This suspension is nothing but a desperate attempt to silence opposition and undermine local government autonomy. It is politically motivated, unconstitutional, and dead on arrival.”
The statement further called on the judiciary to intervene and uphold the rule of law, urging civil society to resist what the party described as a “reckless assault on democratic institutions.”
Legal Community Reacts
Prominent legal experts have been swift to criticise the suspension. Barr. Osaretin, a constitutional lawyer, expressed particular concern over Governor Okpebholo’s directive to councils regarding special funds.
“The letters the governor sent to councils asking them not to spend special security/environmental funds are particularly egregious. The Governor has no constitutional authority to prevent councils from either accessing or spending their money. He also cannot ask them to send statements of account to him. The legislative arm of the councils is there to perform oversight functions for the Council, not the governor and not the state assembly. His Attorney General needs to give better advice.”
Former Nigerian Bar Association (NBA) President Olisa Agbakoba had earlier condemned the similar suspension of the Chairman of Alimosho Council in Lagos state by the Lagos State House of Assembly, emphasising the constitutional protection of local government autonomy.
“I don’t understand how a resolution would be passed by a State Assembly to suspend an elected chairman. The House of Assembly or a governor of a state does not have the power to remove or suspend an elected chairman or vice-chairman of a council. It is absolutely unconstitutional.
“The 774 local governments were created by Section 7 of the Constitution of the Federal Republic of Nigeria, and the chairmen are democratically elected. The 774 council chairmen are elected by the people and not by any politician, group of people, or an institution like the House of Assembly.”
Agbakoba emphasised that the only legal avenue for removing an erring local government chairman is through a decision of the council’s legislative body or councillors.
The suspension has raised alarm among civil society organisations and democracy advocates, who fear that it undermines Nigeria’s federal structure. By sidelining elected local government officials, Governor Okpebholo and the Edo State House of Assembly risk eroding public trust in democratic governance and setting a dangerous precedent.
The PDP has vowed to challenge the suspension in court, calling for an immediate reversal of what it describes as a “brazen assault on the Constitution and the rule of law.” As legal battles loom, stakeholders across the state are closely watching how the judiciary will address what many see as a litmus test for local government autonomy in Nigeria.
