The Attorney General of the Federation (AGF), Prince Lateef Fagbemi, has declared that the suspension of 18 local government chairmen in Edo State is illegal and unconstitutional.
Fagbemi made the announcement in Abuja on Wednesday, speaking out about the actions taken by Governor Monday Okpebholo of Edo State, who suspended the local government chairmen.
The AGF’s declaration has drawn significant attention, particularly as it challenges the authority of state governors in removing elected local government officials.
The local government chairmen and their vice chairmen were suspended by the Edo State House of Assembly following accusations of gross misconduct and insubordination. This decision came after the council officials allegedly failed to submit their financial reports for the past two years, as directed by the governor.
However, Fagbemi’s comments have stirred the debate on who truly holds the power to remove local government officials in Nigeria. He made it clear that such a decision is not within the jurisdiction of any state governor.
Speaking to journalists in Abuja, the AGF stressed that the right to remove or suspend any elected local government official lies exclusively with the councilors of the respective local governments.
Fagbemi further referenced a landmark ruling by the Supreme Court on July 11, 2024, which granted autonomy to the 774 local government areas (LGAs) across the country.
This ruling, according to the AGF, has placed the power to suspend or remove local government officials in the hands of the councilors, not the governors.
“Under the current dispensation, no governor has the right to remove any local government chairman,” Fagbemi stated confidently. “Since July 11, 2024, I became fully aware that the removal of any local government chairman or official would be the prerogative of that local government, through their legislative house.”
Fagbemi’s comments are seen as a bold reminder of the constitutional limits of state governors’ powers over local government affairs. This has raised eyebrows among political analysts, many of whom see it as an attempt to reinforce the autonomy of local governments and curb potential overreach by state governments.
The AGF’s reluctance to speak immediately on the issue was also addressed. He explained that he initially held off commenting on the situation to better understand the circumstances surrounding the suspension of the Edo LG officials.
“I wanted to understand the basis upon which the LGA officials in Edo state were reportedly suspended,” Fagbemi explained.
The controversy began when the Edo State House of Assembly announced the suspension of the 18 local government chairmen and their vice chairmen for two months. The suspension was based on allegations of insubordination and the failure to submit financial reports since September 2022.
This decision came after a letter from Governor Okpebholo accusing the council officials of neglecting their duties, including the failure to present vital financial documents.
In response, the suspended local government officials have rejected the suspension and vowed to remain in office until the expiration of their tenures in 2026. They have argued that their removal was unlawful and that the matter should be addressed within the legislative houses of their respective local governments.
This legal battle over the legitimacy of their suspension has ignited heated debates across the state. While some believe the suspension was justified, others, like Fagbemi, insist that it violates the constitutional rights of elected officials and undermines the principle of local government autonomy.
The Edo State House of Assembly’s actions have sparked widespread public discussion about the relationship between state governments and local government councils. Many have questioned the appropriateness of governors wielding such powers over local government officials, particularly when there are constitutional frameworks in place that guarantee the autonomy of these councils.
Governor Okpebholo has defended his actions, arguing that the suspended officials’ failure to submit their financial reports was a serious violation of the public trust. He insisted that it was necessary to take strong measures to ensure accountability within the local government system.
On the other hand, critics of the suspension argue that this move could set a dangerous precedent, allowing governors to undermine the autonomy of local government councils and bypass the legislative bodies that are supposed to hold elected officials accountable.
Fagbemi’s comments have thus become a significant point of reference in this ongoing debate. Legal experts have pointed out that his declaration strengthens the case for the independence of local government councils and highlights the need for all levels of government to respect the constitution.
While the suspension of the Edo local government chairmen remains a contentious issue, Fagbemi’s intervention has underscored the importance of upholding constitutional principles in the administration of local governments across Nigeria. His statements serve as a timely reminder that elected local government officials are protected by law from arbitrary removal by state governors.
In related news, Fagbemi also addressed ongoing reforms within Nigeria’s justice sector. He highlighted the recent development of the 2024-2028 National Policy on Justice, aimed at improving the administration of justice and addressing various challenges in the legal system.
One of the key aspects of these reforms includes efforts to decongest Nigeria’s overcrowded prisons. Fagbemi revealed that the federal government is pushing for more non-custodial sentences, such as community service, in line with the Administration of Criminal Justice Act (ACJA), 2015.
“The ACJA, 2015, seeks to reform the administration of criminal justice through the speedy dispensation of justice, protection of human rights, accountability, and oversight between and amongst criminal justice institutions,” he explained.
