Edo: Court Restores Suspended LG Chairmen, Deputies

An Edo State High Court sitting in Benin, the State capital, has ordered the immediate restoration of the suspended 18 local government council chairmen and their deputies in office.

The presiding judge, Justice Efe Ikponwonba granted the order against the Edo State Government, Edo State Governor, and four others who were listed as 1st to 6th defendants, respectively.

The suit was filed by the 18 local government councils and ALGON in Edo State.

The court directed 18 local government Councils’ chairmen and their deputies not to give effect to the House of Assembly resolution of December 16, 2024, purporting to have suspended the Local Government chairmen and their deputies.

The Court also granted an order of mandamus directing parties in the suit to maintain status quo ante belum as of December 12, 2024 when the matter was filed in court pending the hearing and determination of the motion on notice.

The Federal Government through the Attorney General of the Federation (AGF) and minister of Justice, Lateef Fagbemi, SAN, on Thursday, December 19, 2024, declared that the Edo State House of Assembly was not empowered by the Constitution to suspend elected Local Government Chairmen in the State.

Fagbemi (SAN), specifically said that that the Edo State House of Assembly lacked the constitutional authority to suspend elected local government chairmen and vice chairmen.

Fagbemi said even though he did not have full details of the political issue in Edo State, insisted that it was illegal and unconstitutional for the State House of Assembly to take such an action.

In the words of Fagbemi; “Although the facts of the case are still unclear, it is unlawful for a State House of Assembly to suspend duly elected Local Government leaders.

“Only the legislature at the local government level holds the power to make such decisions,” he asserted.

The position of the AGF followed the decision of the Edo State House of Assembly on Tuesday to suspend the chairmen and vice chairmen of the 18 local government areas of the State for two months.

The Assembly had directed the legislative arms of the local councils to take over the leadership temporarily.

The assertion of the Attorney General of the Federation against the suspension of the 18 Local Government chairmen and their Vice Chairmen is believed to have been predicated on the decision of the Supreme Court on autonomy of the local government councils.