18 Edo Council Chairmen breaks silence over Lawmakers suspension, Says Its Nullity
The eighteen local Government chairmen in Edo State has described the suspension of the chairmen by the Edo state House of Assembly as nullity.
The reaction of the chairmen towards their suspension was contained in a press statement released to newsmen on Wednesday after in Benin, the state capital.
The statement reads:
Recall that on the 17th of December, 2024, it was widely reported that the Edo State House of Assembly in her sitting pronounced the Suspension of the elected Eighteen (18) Local Government Chairmen as we’ll as their Vice Chairmen in Edo State. This purported suspension was said to be premised on “A Petition of Gross Misconduct And Insubordination Against The Leadership of 18 Local Government Councils” dated 16th December, 2024 from the Executive Governor of Edo State, His Excellency, Senator Monday Okpebholo, wherein he referred to the Honourable House, what he termed “act of gross misconduct by the Chairmen of the Eighteen (18) Local Government Councils of Edo State” and requested the House to deal with the subject matter “pursuant to the provision of Section 10(1) of the Local Government Law (2000) of Edo State’’.
We, the Eighteen Local Government Chairmen had through our Lawyer, Ogaga Ovrawah (SAN) & Co. served on the Executive Governor, Edo State of Nigeria and The Honourable Speaker, Edo State House of Assembly, “A Notice of Judgment in Suit No. B/257OS/2024: Hon. Newman Oghomwen Ugiagbe & 17 Ors V. Executive Gov of Edo State & Ors” delivered by the Hon. Chief Judge of Edo State High Court of Justice wherein he granted the follwing orders:
“(i) A declaration that 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 thus unconstitutional, ultra vires, null and void and of no effect whatsoever to the extent that it provides that upon the 1st Defendant’s action, request or otherwise, the Edo State House of Assembly by its resolution so direct the 1st Defendants action to dissolve all of the democratically elected 18 Local Government Councils of Edo State of which the Claimants are Chairmen on or before the expiration/lapse of the tenure of three (3) years stipulated nunder the said Edo State Local Government Law, 2000.”
(ii) A declaration the tenure of the Claimants are statutorily set at three (3) years with effect from the date they took their respective oaths of office, specifically from 4th of September, 2023 and therefore are entitled to hold office for the duration of three years and in accordance with the provoisions of Section 18 (1) – (3) of the Edo State Local Government, 2000”.
A reminder letter from the lawyers was served on the Honourable Speaker in the early hours of 17th December, 2024 wherein he was also intimated of another suit instituted against the Edo State Government, the Governor of Edo State & Others in Suit No: B/307OS/2024; Orhionmwon Local Government Council & 18 Ors V. Edo State Government, the Governor, Deputy Governor, Attorney General & 2 Ors, 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 in any manner interfering with them in the administration and management of their Councils”
Gentlemen of the press, the above referenced judgment and interim orders are extent, binding and very much in force to the knowledge of the Governor, the Attorney General who is the Chief Legal Officer as he is a party in both proceedings and was duty sdrved with all processes and our lawyers’ letters earlier mentioned.
We also wish to further bring to your attention the earlier landmark judgment of the Supreme Court of Nigeria in ATTORNEY GENERAL OF FEDERATION V. ATTORNEY GENERAL OF ABIA STATE & 35 ORS (2024) LPELR – 62576(SC) delivered in July 11, 2024, wherein the Supreme Court emphatically voided the purported powers of the 36 State Governors/Houses of Assembly or acting through their privies to dissolve, or interfere with Local Government administration or management, using state powers derivable from laws enacted by the State Houses of Assembly (anyhow so called) or Executive orders/other actions (anyhow so called). The Supreme Court not only voided such provisions and laws for being unconstitutional but prohibited states from relying or operating such laws.
From the foregoing, it is obvious that the action of the Edo State House of Assembly on Tuesday 17th December, 2024 in response to the illegal and unconstitutional request from Governor Monday Okpebholo, suspending the Chairmen/Vice Chairman is ultra vires and therefore a nullity as it is based on nothing in the eyes of the Law. It is also contemptuous of the judiciary and against the specific orders of the Supreme Court and the Edo State High court.
Gentlemen, It is pertinent to state here also that the actions of the Edo State Government runs contrary to the avowed public stand of President Tinubu to uphold the letter and spirit of the constitution on local government autonomy. The action of the Governor in writing to the State House to act on voided, non existent provision is also in the words of the Federal Attorney General, ‘gross misconduct and is therefore an impeachable offence’. We would like to take a charitiviee kf things and stste thst perhaps the Governor was gravely misled. If we are correct in this regard, we expect Hos Excellency to toe the path of honour, withdraw his said letter and write to the House of Assembly to reverse itself and rescind its unconstitutional resolution to avoid a needless constitutional crisis. His failure to do so will mean that the Governor is deliberate in l that he has done and persists in his breach of the Constitution and disregard of Court orders and the rule of law.
From the forgoing, the 18 local government chairmen elected in the election of September 2nd 2023 and sworn into office on Sept 4th 2023, remain the Executive Chairmen of our respective Local Government Councils and we are going on with our constitutional responsibilities as the chief executive officers of our respectiveCouncils
We call on the security agencies, he Nigeria Police, DSS, NSDC and other institutions of Government saddled with the responsibility of enforcing law and order to enforce the Court judgments and orders, ensure the maintenance of law and order, and protect all officials and staff of the Councils as well as all offices, buildings, assets and properties of our councils.
I wish to also request the deployment of security personnel to ALL 18 Local Government Secretariats in defense of the Constitution of the Federal Republic of Nigeria that is being impeded by the brazen illegal and unconstitutional act of Edo State Government and the House of Assembly. They are required to uphold the law and prevent s breakdown of law and order as they are enjoined by law to do and to create an enabling environment for the smooth running and discharge of the constitutional functions and duties of the local government councils which the Chairmen anf their Vice Chairmen have sworn to do, having been duly elected.
Long live Edo State. Long live the Federal Republic of Nigeria.
Thank You
Deacon Newman Ugiagbe
Executive Chairman, Orhionmwon Local Government Council and
Chairman ALGON, Edo State for and on behalf of all the 18 Chairmen and Vice Chairmen og all the Local Government Councils of Edo State.
