LGA Chairpersons Suspension: Court orders Okpebholo, Edo assembly to maintain status quo
The matter has been adjourned until 20 January for hearing of the substantive suit.
A Federal High Court in Abuja, on Monday, ordered Governor Monday Okpebholo of Edo State, the Edo House of Assembly and other parties in a suit filed by the 18 suspended local government chairpersons in the state to maintain the status quo.
Justice Emeka Nwite, in a ruling, gave the order after counsel to the plaintiffs, Anderson Asemota, moved a motion ex-parte to the effect.
Earlier, Mr Asemota, while moving the motion, told the court that the plaintiffs, who are local council chairpersons, were suspended by the Edo assembly and their resolution transmitted to Governor Okpebholo.
The lawyer said the motion sought an order directing the parties in the suit to maintain the status quo as of 15 December 2024.
He based his argument on the grounds that the Supreme Court in July 2024 held that state governors had no power to suspend elected local government chairperson.
He alleged that the chairpersons’ suspension stemmed from their disagreement with the governor to operate a joint account against the Supreme Court decision.
Mr Asemota submitted that the plaintiffs approached the court to exercise their rights as enshrined in the Nigerian Constitution, not to resort to self-help.
He said they were asking for the court to make an order of status quo from 15 December 2024 and for the governor not to give effect to the assembly’s resolution.
“Extreme urgency is required, my lord,” he said.
He told the court that the order suspending the 18 chairpersons was made on 17 December 2024.
The lawyer said the Supreme Court judgement, the Edo State High Court order restraining the defendants from going ahead with the act and an interview granted by the Attorney-General of the Federation, Lateef Fagbemi, SAN, regarding the suspension, were all exhibited in the motion.
Mr Asemota, who said that Section 2(1) of the Constitution confers the power on the court to make the order, prayed the court to grant their reliefs.
Justice Nwite, who said extreme carefulness needed to be exercised in granting the reliefs, said: “I will only make an order for parties to maintain a status quo pending the hearing and the determination of the substantive suit.”
Ruling, the judge said: “After listening to counsel to the applicants and going through the affidavit evidence, including the written address, I hereby make an order that parties should maintain a status quo pending the hearing and determination of the motion on notice.”
The matter was subsequently adjourned until 20 January for a hearing of the substantive suit.
Background
The aggrieved 18 council chairpersons and the Peoples Democratic Party (PDP) had filed the motion ex-parte marked: FHC/ABJ/CS/1952/V/2024.
In the motion dated 20 December 2024, but filed on 24 December 2024, the chairpersons and the PDP sued the Speaker, Edo House of Assembly; Edo House of Assembly; Governor of Edo State; Government of Edo State as 1st to 4th defendants.
Also joined in the suit include the Attorney-General and Commissioner for Justice, Edo State; Attorney-General of the Federation and Inspector-General of Police as 5th to 7th defendants, respectively.
They sought an order of interim injunction compelling or directing the 1st to 5th defendants, their servants, agents, privies, any person, institution or successors, howsoever called, acting or purporting to act on their behalf to maintain status quo ante bellum, as of 15 December 2024, pending the determination of the substantive suit, filed contemporaneously with this application.
They sought an order of interim injunction restraining the 3rd to 5th defendants, their servants, agents, and privies from further acting on the assembly’s resolution, suspending the plaintiffs and their deputies pending the hearing and determination of the substantive suit filed contemporaneously with this application.
(NAN)
