LG Chairmen Reject EDHA’s Suspension, Vow To Continue In Office

BY FAVOUR PERCY-IDU­BOR/BENIN

Following their suspen­sion by the Edo State House of Assembly, the affected local govern­ment council chairmen, yes­terday rejected the action, saying they will go ahead with their constitutional responsibilities as Chief Executive Officers of their councils.

The chairman of Orhionmwon Local Gov­ernment Area, Deacon New­man Ugiagbe, stated this yesterday on behalf of other 17 council chairmen, while reacting to the two months’ suspension order slammed on them by the lawmakers.

Ugiagbe, who doubles as Chairman, Association of Local Governments of Ni­gerian (ALGON), Edo State Chapter, at a media briefing at the Nigeria Union of Jour­nalists (NUJ) secretariat, Benin City, declared that the suspension is a nullity because it was based on nothing, in the eyes of the law, but a contempt against the order of the court.

He said LG chairmen had through their lawyer, Ogaga Ovrawah SAN served the governor, the state lawmak­ers and the speaker, a notice of judgement in suit NO. B/257oS/2024 “delivered by the Chief Judge of Edo State, wherein he granted the following orders:

“A declaration the section 10(1) of the Edo State Lo­cal Government Law, 2000 conflicts with the provi­sions of section 7(1) and (4) of the Constitution of the Federal Republic of Ni­geria, 1999 (as amended) and this the unconditional, ultra virus, null and void of no effect whatsoever to the extent that it provides that upon the 1st Defendant’s action, request of otherwise, the Edo State House of As­sembly by its resolution so direct the 1st Defendants actions to dissolve all of the democratically elected 18 Local Government Councils of the Edo State of which the Claimants are Chairmen on or before the expira­tion/lapse of the tenure of three (3) years stipulated under the said Edo State Local Government 2000.” Besides, Ugiagbe disclosed that a reminder was served on the Speaker on the De­cember 17 wherein he was also intimidated of another suit instituted against the state government, the state governor and others in Suit No: B/307oS/2024 by the Orhionmwon LGC and 17 Others wherein the High Court of Justice NO. 2, Be­nin City granted an interim order restraining the de­fendants therein from “in­terfering with, obstructing and disturbing the Claim­ants exercise of their con­stitutional rights over all assets and funds allocated to them from the Federa­tion Account “ and also “restrained the defendants from suspending, removing redeploying, meddling or any manner interfering with them in the administration and management of their councils.”

He further drew the at­tention to the recent judge­ment of the Supreme Court of Nigeria in Attorney Gen­eral of the Federation V At­torney General of Abia State and 35 Ors (2024)s LPELR – 62576(SC) wherein it em­phatically obliterate the powers of the 36 State Gov­ernors/Houses of Assembly or acting through their priv­ies to dissolve, or interfere with LG administration or management, using state powers derivable from the laws enacted by the State Houses of Assembly (any how so called) or Executive orders/other actions (any how so called).

Deacon Ugiagbe noted that from the foregoing, the action of the state House of Assembly on Tuesday, December 17, 2024 in re­sponse to the request by Governor Okpebholo sus­pending the Chairmen and Vice Chairmen of LGCS re­main a nullity, and a con­tempt against the order the court.

He therefore, called on security agencies, the Ni­geria Police, DSS, NSCDC and other institutions of government saddles with the responsibility of en­forcing law and order to protect all assets and build­ings of councils, requesting that they should “deploy their personnel to all the 18 councils 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 been sworn in having been duly elected.”

It would be recalled that on Tuesday, December 17, the Edo State House of As­sembly in response to the request from the state gov­ernor, Senator Monday Ok­pebholo, suspended the 18 local government council chairmen vice Chairmen for what the governor termed insubordination, gross mis­conduct and corruption.