Suspended Edo LG Chairmen Vow To Remain In Office
Eighteen local government chairmen and their deputies in Edo State, recently suspended by the Edo State House of Assembly for alleged gross misconduct, have declared their intention to continue performing their duties until their tenure expires in September 2026.
Speaking on behalf of his colleagues, the Chairman of the Association of Local Government of Nigeria (ALGON) and Orhionmwon LGA Chairman, Hon. Newman Ugiagbe, emphasized the constitutional backing for their tenure and dismissed the Assembly’s suspension as a nullity.
Background
The chairmen were elected on September 2, 2023, and sworn in on September 4, 2023. They argue their tenure, as stipulated by law, lasts three years, ending in September 2026.
Ugiagbe, during a press briefing at the NUJ Secretariat in Benin City, referenced a High Court judgment that invalidated the provisions of the Edo State Local Government Law, 2000, which allowed for their dissolution or suspension by the governor or Assembly.
Legal Foundation
Ugiagbe cited the judgment in Suit No. B/25/0S/2024, which declared:
- Unconstitutionality of Section 10(1) of the Edo State Local Government Law, 2000: This section conflicts with the 1999 Constitution, making any resolution dissolving local governments before their tenure expires null and void.
- Recognition of a Three-Year Tenure: The court affirmed that the chairmen’s tenure runs from September 4, 2023, to September 2026.
Furthermore, an interim order in Suit No: B/3070S/2024 restrained the Edo State Government, the Governor, and others from interfering with the administration of the local government councils.
Supreme Court Precedent
Ugiagbe also referenced a recent Supreme Court judgment (Attorney General of Federation V. Attorney General of Abia State & 35 Ors [2024]) which reaffirmed that state governors and houses of assembly lack the authority to dissolve or interfere in the administration of local governments.
Call for Security
The chairmen urged security agencies to safeguard their respective local government secretariats against potential attacks, emphasizing their commitment to serving the people and upholding the law.
Conclusion
The suspended chairmen remain resolute in their stance, relying on constitutional provisions and judicial pronouncements to assert their authority. They have vowed to continue their responsibilities as chief executives of their councils, despite opposition from the state government and Assembly.
