“Our tenure runs till 2026″ embattled Edo Local Government Council Chairmen and their deputies have insisted.
They stated this while addressing the media in Benin on Wednesday, 18 December, 2024 in reaction to their suspension from office by the State House of Assembly on Tuesday.
Speaking through the Association of Local Government Councils of Nigeria (ALGON) Chairman, Edo State Chapter, and Chairman, Orhionmwon Local Government Council, Hon. Newman Ugiagbe, the aggrieved group maintained that they remain the substantive Chairmen and deputies of the various Councils till 2026 with the backing of the relevant law.
They rely on a Benin High Court judgement, an Interim restraining Order of the High Court of Justice, Benin; and a Supreme Court judgement in their argument, which they alleged have been served on the State Governor, Senator Monday Okpebholo, Speaker of the State House of Assembly, and the Attorney- general of the State.
Court judgements and Interim restraining order
“From the foregoing, it is given 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. It is also a contempt against the order of the court.
“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 constitutional responsibility as the chief executive officers of our councils.
“… the people of our various Local Government Councils gave us a mandate and that mandate cannot be truncated by anybody who believes he wants to play politics.”
Saying that interests of Edo people must remain foremost above personal and party interests, they insisted;
“We were not nominated into office, we were elected into office and by judgement of the CJ of Edo State and the order obtained two days ago, we remain the elected Chairmen and deputies of the various Councils till the end of our tenure except there is a contrary Court judgement truncating our tenure.“
They consequently called for security backup as they went about their constitutional duties.
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“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.
“I wish to also request the deployment of your men to All the 18 Local Government Secretariat in defense of the Constitution of the Federal Republic of Nigeria that is being impeded by the brazen act of Edo State House of Assembly, and to create an enabling environment for the smooth running of our functions of office to which we have sworn having been duly elected.“
(C), AG and Commissioner for justice, Hon. Samson Osagie
In reaction, the Attorney-general and Commissioner for justice of the State, Hon. Samson Osagie said that the democratic structure of the Local Government Councils in Edo State have not been altered in any way by the decision of the State House of Assembly even though he was not speaking for them.
It is clear that the House has exercised its powers pursuant to the provision of the constitution which enables them to make law for the administration, structure and functions of the local Government, he said.
However, as a Chief law officer of Edo State, he was not ready to litigate against members of ALGON in the media with the matter already in the court of competent jurisdiction, Osagie added.
“It is within their rights to protest if they feel offended.“
Reacting to the resolve of the aggrieved group to continue in their office as democratically elected Chairmen and deputies, Osagie warned;
“I think they had been advised that in Edo State there is only one security officer and that is the Governor of the State.
“It is important that when people feel aggrieved they seek recourse via the existing judicial process to address their grievances.
“I am very sure that this Government is not going to tolerate any act of brigandage or indiscipline by any level of Government; regardless of the claims that they may have.
“But let me put on record that the constitution did not contemplate there is not going to be any relationship between the State Government and the Local Government.
“So to that extent, it will be preposterous for anyone; whether Local Government Chairman or functionary to think now that they exist in the air without having regard to the provision of the existing Local Government laws validly made by the Edo State House of Assembly regulating the administration of Local Government Councils in the State Vis a Vis the State Government structure.“
According to him, when the investigative panel finishes its job, those found wanting will certainly face disciplinary action according to law and those exonerated will go back to their job.
“But it is a regular process that when people in service have challenges in the administration of the functions of their office , they get interdicted.”
The State Commissioner for justice however emphasised that the Local Government Council Chairmen have not been sacked from office nor the entire democratic structure of the local Government Council been removed.
“So to that extent, the system of the democratic elected local Government in Edo State has remained.“
Hence no Local Government Council Chairman should personalize the office as it is distinct from the occupant, he said.
“So what we are saying here is that the Governor did not carry out the suspension of the Chairmen from office nor did he dissolve the elected local Government Councils.
“Rather, he was inundated with a plethora of petitions on resumption of office from local Government functionaries across the State and concerned citizens of the State about the reckless manner by which Councils were administering the funds meant for the running of the local Government.
“So I will advise the Chairmen to be law abiding; he who has clear conscience should fear no accusations; they should be patient, at the end of the two months whoever is exonerated will definitely return to their job.”
Osagie noted that the aggrieved group is being propelled by forces having been part of the immediate past administration, and there is a fight to return to power even though they have been roundly rejected by the people of Edo State.
“But the truth is that there is a Governor, and an administration in place enforcing the laws of Edo State.
“This Government is not prepared to violate any law and to that extent it will submit to the rule of law.“
He reiterated that the aggrieved group were on suspension at the instance of the resolution of the State House of Assembly and not the order of the Governor who he argued; only merely complained.
Continuing, he stated that if there are litigations on the matters which they were yet to be served; the Government is ready to look at them and meet in Court, argue them out before the relevant authorities and at the end of the day, justice will be served to all parties.
Responding to a question, Osagie asserts that there is no judgement of the Court in Nigeria today that has invalidated the local Government law in Edo State.
Adding that if the matter is in Court though, the Government has not been served; he cannot be talking about legality or otherwise of the suspension order by the State House of Assembly until “we meet in Court.”
He further held that the Local Government Council Chairmen cannot hide under the local Government Council autonomy as pronounced by the Supreme court to be profligate with the funds of the people.
“Hence there is the doctrine of checks and balance by the various arms of the Government.
“The legislature in Edo State has taken a step and if they found it inappropriate, they should know the right place to go and not to come to the press and declare the act of the House illegal because the Supreme court has said there should be financial autonomy for the local Government Councils.
“Thankfully, the Chairmen have not accused the Governor of tampering with their resources. We know what transpired in the Government that put them in power.
“The allocation that came to Edo last month was in the excess of N8bn across the 18 Local Government Councils.
“And I can assure that from the petitions reaching the table of the Governor, not even the Vice Chairmen of the Councils are aware of how those money are being spent.
“Therefore, the State House of Assembly working with the Governor must make sure that at that level; local Government autonomy should not be abused in such a manner local Government Council Chairmen can do whatever they like with the money belonging to the people.
“This Government is not violating any law; if it is, let’s hear from the Court!”
