Our Mandate As Elected LGC Officials Remain, Says 18 Council Chairmen
…Urges security agencies to improve on security around LG councils across the state
By Simeon OSAJIE
The 18 elected Local Government Council Chairmen in Edo State under the Association of Local Governments of Nigeria (ALGON) today insisted on their mandate as elected officials and called for improved security around Local Government Councils across the state to forestall any breakdown of law and order in the local government area councils.
Addressing newsmen at the Secretariat of the Nigeria Union of Journalists (NUJ) Edo State Council in Benin, Chairman of ALGON who is also Chairman of Orhionmwon Local Government Council, Deacon Newman Ugiagbe said the 18 Council chairmen were duly elected.
Ugiagbe noted that the action of the Edo State House of Assembly on Tuesday 17th December, 2024 in response to the request from Governor Monday Okpebholo, suspending the Chairmen/Vice Chairmen is ultra vires and therefore a nullity because it is based on nothing in the eyes of the Law.
He also described their purported suspension as a contempt against the order of the court.
He urged the 18 LGA chairmen to maintain law and order, saying, “We will go about our lawful duties in the local government councils. Nobody can truncate our mandate as we are lawfully elected officials.”
Going further, the ALGON chairman said the elected 18 Local Council 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/2570S/2624: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 Assembly by its resolution so direct the 1st Defendant 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 years stipulated under the said Edo State Law, 2000.”
He added that a reminder was served on the Honourable speaker in the early hour of 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 Ors, wherein the High Court of Justice No. 2, Benin City granted an Interim Order restraining, the defendants therein from “interfering with, obstructing 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.”
“From the foregoing, the 18 local government council chairmen elected in the election of September 2, 2023 and sworn into office on September 4, 2023 remains the Executive Chairmen of our respective local government councils and we are going on with our constitution responsibility as the chief executive officers of our councils.
“We call on security agencies, the Nigerian Police Force, DSS, NSDC, and other institutions of government saddled with the responsibility of enforcing law or order to protect all assets and buildings of our councils.”
He appealed for the deployment of security agencies to all the 18 Local Government Secretariat in defense of the Constitution of the Federal Republic of Nigeria to create an enabling environment for the smooth running of local government functions to wish they have sworn having been duly elected,” Ugiagbe said.
In a swift reation, Edo State Commissioner for Justice and Attorney-General, Barr. Samson Osagie said that the Edo State House of Assembly (EDHA) has exercised its powers in accordance with the provisions of the law, adding that it is within the rights of the 18 elected council chairmen to protest.
Osagie noted that the local council chairmen were not sacked but only suspended for two months to pave the way for investigation.
Osagie who advised the 18 LGA chairmen to be law abiding, noted that after the two months suspension and investigation completed, anyone among them found without any problems would be returned saying “This government will not tolerate indiscipline or any act of brigandage by any tiers of government.”
