A Federal High Court in Abuja has ordered Governor Monday Okpebholo of Edo State, the Edo House of Assembly, and other parties involved in a lawsuit filed by the 18 suspended local government chairpersons to maintain the status quo.
Justice Emeka Nwite issued the ruling on Monday after counsel for the plaintiffs, Anderson Asemota, presented an ex-parte motion to that effect.
During the proceedings, Mr Asemota explained that the plaintiffs, who are local council chairpersons, had been suspended by the Edo Assembly, and that this resolution had been forwarded to Governor Okpebholo.
He argued that the motion sought an order to preserve the situation as it was on 15 December 2024, based on a July 2024 Supreme Court ruling which stated that state governors do not have the authority to suspend elected local government chairpersons.
Mr Asemota alleged that the suspensions were a result of the chairpersons’ disagreement with the governor over operating a joint account, contrary to the Supreme Court’s decision.
He stated that the plaintiffs were turning to the court to assert their rights as granted by the Nigerian Constitution, rather than resorting to self-help.
The lawyer requested that the court maintain the status quo since 15 December 2024 and that the governor refrain from enforcing the assembly’s resolution.
“Extreme urgency is required, my lord,” he emphasised.
He informed the court that the suspension order for the 18 chairpersons was issued on 17 December 2024.
Mr Asemota presented the Supreme Court judgment, a restraining order from the Edo State High Court, and comments from the Attorney-General of the Federation, Lateef Fagbemi, SAN, regarding the suspension as part of the motion.
He asserted that Section 2(1) of the Constitution grants the court the power to issue the order, and requested the court to grant their reliefs.
Justice Nwite noted the necessity for cautious consideration in granting the reliefs and stated: “I will only make an order for parties to maintain the status quo pending the hearing and determination of the substantive suit.”
After listening to the applicants’ counsel and reviewing the affidavit evidence, the judge ordered: “I hereby make an order that parties should maintain the status quo pending the hearing and determination of the motion on notice.”
The hearing for the substantive suit was subsequently adjourned to 20th January, 2025.
The aggrieved 18 council chairpersons and the Peoples Democratic Party (PDP) had filed the ex-parte motion marked: FHC/ABJ/CS/1952/V/2024.
Dated 20 December 2024 and filed on 24 December 2024, the motion named the Speaker of the Edo House of Assembly, the Edo House of Assembly, the Governor of Edo State, and the Government of Edo State as the 1st to 4th defendants.
Also included in the lawsuit were the Attorney-General and Commissioner for Justice of Edo State, the Attorney-General of the Federation, and the Inspector-General of Police, listed as the 5th to 7th defendants.
The plaintiffs sought an interim injunction to compel or direct the 1st to 5th defendants, along with their servants, agents, and successors, to maintain the status quo as it stood on 15 December 2024, while waiting for the determination of the substantive suit filed simultaneously with this application.
Additionally, they sought an interim injunction restraining the 3rd to 5th defendants and their representatives from acting upon the assembly’s resolution that suspended the plaintiffs and their deputies until the hearing and determination of the substantive suit filed alongside this application.