Suspension Of LG Chairmen In Edo State, Constitutionally Justified – Gov. Okpebholo

BY VICTOR BUORO, ABUJA – The Edo State Government on Friday, December 20, 2024 declared that the suspension of the 18 Chairmen and their deputies by the State House of Assembly was constitutionally justified.

In a statement, Governor Monday Okpebholo said that a closer examination of the Constitution and the Federal Attorney General’s comments, revealed that the decisions by the State legislature vis-a-vis, his were entirely justified.

Okpebholo in the statement by Fred Itua, Chief Press Secretary to the Edo State Governor, noted that from a legal perspective, his request to the House of Assembly to suspend the chairmen was done within his constitutional powers.

In the words of Okpebholo; “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 Governor, who stated these while responding to the position of the Attorney General of the Federation (AGF) and minister of Justice, Mr Lateef Fagbemi, who said that the Governor and the House of Assembly have no powers to suspend elected local government chairmen and their deputies, stressed that the concept of autonomy is often misunderstood, adding that in this case, it does not mean that council chairmen can not be oversighted.

In the words of Okpebholo; “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.

“The ongoing EFCC investigation of the 18 local government chairmen underscores the importance of accountability in governance,” he said.

The Governor said that the issue is beyond the suspension of the local government chairmen but, about the deeper issues of true federalism and the relationship between the state and local governments.

According to Governor Okpebholo; “The current constitutional construct recognizes 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.

“While the opposition party may be quick to pass a sweeping judgment, 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,” he said.