Suspension Of LG Councils’ Chairmen: Okpebholo Set For Showdown With AGF, Cites Oversight Role

By Simeon OSAJIE

A confrontation appears to be looming between the office of the Attorney General of the Federation (AGF) and Justice Minister, Lateef Fagbemi, Senior Advocate of Nigeria, (SAN) the Edo State government and the State House of Assembly over the suspension of the 18 local government councils’ chairmen in the state with Governor Monday Okpebholo challenging the AGF’s position that neither he nor the Legislature had the right to suspend the chairmen.

On Friday, Governor Okpebholo insisted that his action and that of the House of Assembly were “entirely justified” citing their constitutional oversight roles.

Recall that the House, acting on a petition to it by the governor accusing the 18 local government councils’ chairmen of gross misconduct and insubordination, had on Tuesday suspended the chairmen and their deputies for two months.

However, Fagbemi, Senior Advocate of Nigeria, (SAN) had on Thursday while fielding questions from journalists in Abuja, described action as illegal and unconstitutional, asserting that only councillors in local government councils have the prerogative to either remove or suspend from office, any elected LG official in the country.

According to him, “One thing that I know and can say without fear is that under the present dispensation, the governor has no right to remove any local government chairman.

“That much I know. If I did not know before, since July 11, 2024, I became aware of it that removal of any local government chairman or official would be the prerogative of that local government, through their legislative house”.

But faulting the position of the AGF in a statement titled ‘Governor Okpebholo’s Right to Oversight: True Federalism And The Suspension of Local Government Chairmen in Edo State’, the chief press secretary to the governor, Fred Itua, contended that the concept of autonomy for local governments was often misunderstood, “and in this case, it does not mean that council chairmen can not be over sighted”.

Itua said it was unfair to blame the governor for the suspension as the House of Assembly had the right to turn down his request but chose to act on it.

Part of the statement read:
“The suspension of local government chairmen in Edo State has sparked an intense debate. However, a closer examination of the Constitution and the Federal Attorney General’s comments, reveal that the decisions by the Edo State House of Assembly, vis-a-vis, the Governor of the state, Senator Monday Okpebholo, are entirely justified.

“From a legal perspective, the Governor’s request to the House of Assembly to suspend the chairmen was done within his constitutional powers. The House of Assembly had the right to turn down the request but opted to act on it. It is therefore unfair to blame the Governor. If the Governor had the powers to suspend the council chairmen unilaterally, he would not have resorted to drafting a letter to the House of Assembly.

“The concept of autonomy is often misunderstood, and in this case, it does not mean that council chairmen can not be oversighted. The House of Assembly has the powers to oversight the activities of the Governor, and similarly, the Governor has the right to exercise oversight over local government chairmen”.

Itua further argued that the ongoing investigation by the Economic and Financial Crimes Commission, (EFCC) of the 18 local government chairmen underscored the importance of accountability in governance, stressing that “The issue is beyond the suspension of local government chairmen but about the deeper issues of true federalism and the relationship between the state and local governments.

“The current constitutional construct recognises a two-tier federal design. It is clearly stipulated in the Constitution. There are local government laws of Edo State. By virtue of those laws, the Edo State House of Assembly is empowered to investigate local government councils.

“In carrying out its investigations, it suspended the chairmen. It is important to state clearly that a suspension is not a punishment. Members of the Edo State House of Assembly did not remove chairmen of the 18 local government councils from office. They were only suspended to pave the way for a thorough investigation.

“It is essential to note that the apex court is both a court of law and a policy court, and while it has the power to make policy decisions, it cannot exercise this power when the Constitution is clear on a matter. In this case, the Constitution is clear on who has the power to superintend over local government matters”.

The governor’s spokesperson said while the opposition party may be quick to pass a sweeping judgement, “a more nuanced understanding of the issue will reveal that the actions by the Edo State House of Assembly and the Edo State Government are justifiable.
“Again, for the records, the chairmen were not removed from office but suspended due to suspicious activities, and the Governor has the right to exercise the power of oversight”.