Eighteen suspended local government chairmen in Edo State have officially written to the state House of Assembly, demanding that the High Court order regarding their tenure be enforced.
In a letter dated December 17, 2024, the chairmen, led by Hon. Newman Oghomwen Ugiagbe, expressed their dissatisfaction over their sudden dissolution by the state governor.
The letter, addressed to Speaker Rt. Hon Blessing Agbebaku, references the Notice of Judgment in Suit No. B/257/2024, challenging the governor’s action to dissolve the local councils before the expiration of their legally prescribed three-year tenure.
The legal representatives, Ogaga Ovrawah (SAN) & Co., assert that the governor’s request to dissolve the councils early directly violates the provisions of the Nigerian Constitution.
The letter also stresses that Section 10(1) of the Edo State Local Government Law, 2000, which the governor relied upon to dissolve the councils, contradicts key constitutional provisions, particularly Sections 7(1) and (4) of the Federal Constitution.
“This action is not only an infringement on our clients’ legal rights, but it also goes against the foundation of constitutional governance,” said the legal team in their letter to the Assembly.
The 18 chairmen have been in office for less than two years, with their tenure slated to end in 2025, but they were unexpectedly sacked by the state governor earlier this month. This decision has sparked anger and frustration among the affected chairmen and their supporters.
The letter also draws attention to a communication sent by the legal team on November 22, 2024, which presented a court ruling from the Edo State High Court. The court had found that Section 10(1) of the Edo Local Government Law conflicted with the Nigerian Constitution, particularly the rights of elected officials to complete their terms.
The High Court’s judgment has now become central to the ongoing dispute. The 18 chairmen and their legal team are calling for the immediate restoration of their positions, citing the court’s clear directive on the matter.
“We demand the enforcement of the High Court’s decision and expect the Edo State House of Assembly to stand with the people and uphold the rule of law,” the letter read.
The letter also includes a certified true copy of a landmark Supreme Court ruling in the case of Attorney General of the Federation v. Attorney General of Abia State and 35 Others. This ruling is seen as highly relevant, as it reinforced the principles of local government autonomy and the protection of elected officials’ tenure against arbitrary dissolution.
The legal team’s letter is a call for the Edo State House of Assembly to intervene and ensure the legal rights of the chairmen are upheld. They urge the Assembly to recognize the constitutional breaches and take appropriate action to restore the chairmen to their offices.
The 18 suspended chairmen argue that their tenure is protected by law, and any attempt to cut it short by the state government is a direct violation of their constitutional rights.
“This is not just about us,” said Hon. Ugiagbe, speaking on behalf of the other chairmen. “It is about upholding the integrity of our democratic processes and ensuring that local governments are not undermined by illegal actions from the state.”
The case has drawn significant attention, as it touches on the broader issue of local government autonomy in Nigeria and the authority of state governments to interfere with elected officials. The suspension of the chairmen has already sparked protests and debates within the state, with many citizens questioning the legality of the governor’s decision.
The controversy has led to growing calls from political analysts and constitutional experts to ensure that the proper legal channels are followed in the dissolution of local governments, especially when the tenure of elected officials is concerned.
