The 18 suspended local government chairmen in Edo State have insisted that they cannot be removed from office.
Recall that the council chairmen were on Tuesday suspended for two months by the House over alleged misconduct.
The lawmakers took the decision while acting on a petition by Governor Monday Okpebholo against the council chairmen.
Reacting to the suspension on Wednesday, the LG chairmen, under the aegis of the Edo State chapter of the Association of Local Government of Nigeria (ALGON) dared the state House of Assembly, insisting that the suspension was a violation of court orders.
Speaking at a press briefing in Benin City, the Edo State chairman of ALGON, Newman Ugiagbe, said the tenure of the council chairmen who were sworn in on September 4, 2023, would only come to an end in 2025
He posited that their purported suspension from office by the State House of Assembly was unconstitutional, ultra vires, null and void, and of no effect whatsoever.
According to him, the Edo State High Court had in suits filed against the state government, and the House of Assembly ordered the defendants not to dissolve the democratically elected council executives on or before the expiration of their three-year tenure.
The state ALGON chairman averred that the association, on December 17, 2024, served a reminder on the Speaker of the House, to inform him of another suit numbered B/3070s/2024, instituted against the governor, Okpebholo.
He said in the suit, the state High Court 2, granted the chairmen an interim order restraining the defendants from interfering with, obstructing, and disturbing the claimants of exercise of their constitutional rights over all assets and funds allocated to them from the Federation Account.
He added that the courts restrained the defendants from suspending, removing, redeploying, meddling, or in a manner interfering with them in the administration and management of their councils.
Ugiagbe further referred a Supreme Court judgment in a case between the Attorney-General of the Federation and that of Abia State and 36 others where the apex court removed the powers of the 36 state governors and House of Assembly, or acting through their privies, to dissolve or interfere in local government administration or management by using state powers derivable from laws enacted by the House of Assembly or (anyhow so-called or executive orders/other actions (anyhow so-called).
He said, “From the foregoing, the 18 Local government elected in the election of September 2, 2023, and sworn into office on September 4, 2024, remain the executive chairmen of our respective local government councils and we are going on with our constitutional responsibility as the chief executive officers of our councils.
“From the foregoing, it is given that the action of the Edo State House of Assembly on Tuesday, December 17, 2024, in response to the request from Governor Monday Okpebholo, suspending the chairmen/ vice chairmen is ultra vires and therefore a nullity because it is based on nothing in the eyes of the law. It is also a contempt against the orders of the courts.”
Ugiagbe called on security agencies, and other institutions of government saddled with the responsibility of enforcing law or order to protect all assets and buildings of the local government councils.
He requested 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 allegedly impeded by the Edo State House of Assembly.
