PDP Warns Of Impending Crises Over LG Chairmen Suspension; Edo Govt Counters AGF

The suspension of all 18 local government area chairmen in Edo State has sparked a constitutional dilemma that is unlikely to be resolved anytime soon.

This comes after state government representatives announced that the chairmen are still suspended.

If the state administration doesn’t change its stance, the Peoples Democratic Party, or PDP, has threatened to collapse law and order.

Hon. Ose Anenih, the PDP’s chairman, addressed on Monday and called the current situation “a shocking rebellion against the rule of law and the President’s authority.”

The government’s stance is in spite of the fact that a High Court in Edo State and the Attorney General of the Federation, Mr. Lateef Fagbemi, a Senior Advocate of Nigeria, or SAN, have both declared the suspension unlawful.

The AGF has reiterated that the constitutional power to suspend or remove elected local government officials rests solely with local council members, not with governors or state assemblies.

A mandatory injunction was also issued on Friday by Justice Efe Ikponmwonba of the Edo High Court, declaring the suspension to be void and prohibiting the state government and other parties from interfering with local government operations until the substantive case is decided.

State officials, however, have ignored this decision, indicating what seems to be a direct challenge to the law officer of the federation and a disdain for the court’s order.

In an appearance on national television, Barrister Andrew Emwanta, a member of the governor’s administrative panel, stated that “the Constitution has placed local governments under state control, and that remains the law.”

“Giving them access is the goal of financial autonomy, but that does not imply that state governments do not have control over how they use that money,” he continued.

“The Constitution cannot be changed by the Supreme Court.”

Similarly, the AGF was rebutted by another panelist, Kassim Afegbua.

“Lateef Fagbemi may be the law officer of the federation, but he does not represent the country’s constitution and he does not represent other laws made validly under the provisions of the constitution by the Edo House of Assembly,” he said during his appearance on Arise TV.

According to a remark from the governor’s spokesperson, Fred Itua, “The decisions made by the Edo State House of Assembly in relation to the Governor of the State, Senator Monday Okpebholo, are entirely justified.”

It is important to remember that the Supreme Court is a court of law as well as a policy court. Although it has the authority to decide on matters of policy, it is unable to do so when the Constitution is unambiguous.

The governor has the authority to supervise local government chairmen, just as the house of assembly has the authority to supervise the governor’s actions.

“A two-tier federal design is recognized by the current constitutional framework. The Constitution makes this quite plain.

“A shocking rebellion against the rule of law and the President’s authority” is how Anenih characterized the events that were taking place in response to the government’s role.

“As a Niger Delta man, I commend President Tinubu’s bold strides toward restructuring, particularly his efforts to strengthen local government autonomy,” he stated in a statement provided to DAILY POST.

The fact that an APC governor, one of his own, is spearheading this rebellion against the judiciary and the presidency is perplexing.

How can a state publicly disregard the Attorney General’s orders, disregard a Supreme Court decision, and subvert the President’s main policy?

This is an inexplicable insult to the President’s leadership as well as the rule of law.

“It is obvious that there is a drummer hiding in the bushes with a different agenda than the President’s based on the Governor’s dance moves—or rather, his missteps.”

Anenih cautioned about the perils of such flagrant disobedience.

“A risky precedent is being created by the Edo State Government. We get closer to anarchy when elected officials choose which judicial orders to follow and which to disregard.

“I implore Chief Fagbemi, President Tinubu, the security forces, and even the judiciary to step in before this problem gets out of hand.

He issued a warning, saying, “Edo officials’ words and actions are already stoking tensions that could lead to a breakdown of law and order.”

According to the DAILY POST, the problem started when Governor Okpebholo gave local council chairmen a 48-hour deadline to provide their financial statements to him immediately.

However, the chairmen believed that the ruling went beyond the Supreme Court’s definition of financial autonomy.

Citing “gross misconduct” in accordance with Section 10(1) of the Edo State Local Government Law (2000), the governor petitioned the state assembly to suspend the chairmen when they refused.

Since the highly acclaimed Supreme Court ruling earlier this year, President Bola Tinubu’s administration has been an advocate for local government autonomy.