- Edo Govt. Setting Dangerous Against Rule Of Law — PDP
By Kolawole Ojebisi
The constitutional crisis sparked by the resolution of the Edo State House of Assembly to suspend all the 18 local government chairmen in the state took a dramatic twist on Monday.
This is as the Edo State government insisted that the 18 local government chairmen would serve their two months’ suspension as ordered by the state assembly
The government’s stance, however, appears to be a gross violation of court injunction. Recall that on Friday, Justice Efe Ikponmwonba of the Edo High Court had issued a mandatory injunction, declaring the suspension null and void and restraining the state government and other parties from meddling in local government operations until the substantive case is heard.
Also recall that, in July, President Bola Tinubu’s government, through the office of the Attorney General of the Federation, secured a landmark Supreme Court judgment affirming the financial and administrative independence of local councils.
But the gains of Local Government autonomy suffered setback when the Edo State Government masterminded suspension of Local Government chairmen.
The crisis started when Governor Okpebholo issued a 48-hour ultimatum for local council chairmen to submit their financial statements directly to him.
Following their refusal, the governor petitioned the state assembly to suspend the chairmen, citing “gross misconduct” under Section 10(1) of the Edo State Local Government Law (2000).
The Edo Assembly subsequently suspended the chairmen and their deputies for two months.
State government officials also contradicted statements from the Attorney General of the Federation, Chief Lateef Fagbemi, SAN.
The AGF recently reaffirmed that only local councillors—not governors or state assemblies—hold the constitutional authority to suspend or remove elected local government officials.
Yet Edo officials, including Barrister Emwanta of the governor’s administrative panel, dismissed this.
Appearing on Channels Television, on Monday, Emwanta declared that “the Constitution has placed local governments under state control, and that remains the law,” accusing the Supreme Court of overstepping its bounds.
“Financial autonomy is about giving them access; but that does not mean state governments do not have control over how they use that money. The Supreme Court cannot amend the constitution,” he insisted.
Kassim Afegbua, another panel member, took aim at the AGF’s authority.
“Lateef Fagbemi might be the law officer of the federation, but he does not represent the constitution of the country and he does not represent other laws made validly under the provisions of the constitution by the Edo House of Assembly,” he said.
The governor’s spokesperson, Fred Itua, echoed this: “The decisions by the Edo State House of Assembly, vis-a-vis, the Governor of the State, Senator Monday Okpebholo, are entirely justified…It is essential to note that the apex Court is both a court of law and a policy court, and while it has the power to make policy decisions, it cannot exercise this power when the Constitution is clear on a matter.
“The House of Assembly has the powers to oversight the activities of the Governor, and similarly, the Governor has the right to exercise oversight over local government chairmen. The current constitutional construct recognizes a two-tier federal design. It is clearly stipulated in the Constitution.”
But PDP chieftain, Hon. Ose Anenih, described the unfolding events as “a shocking rebellion against the rule of law and the President’s authority.”
“As a Niger Delta man, I commend President Tinubu’s bold strides toward restructuring, particularly his efforts to strengthen local government autonomy,” Anenih said.
“It is bewildering to see an APC governor—one of his own—leading this insurrection against both the Judiciary and the Presidency. How can a state openly defy a Supreme Court ruling, dismiss the Attorney General’s directives, and undermine the President’s flagship policy? This is an unexplainable affront not just to the rule of law but to the President’s leadership. The Governor’s dance-steps or should I say missteps indicate that there is clearly a drummer hiding in the bushes, with an agenda different from the President’s.”
Anenih warned of the dangers posed by such blatant insubordination, adding: “The Edo State Government is setting a dangerous precedent. When elected officials decide which court orders to obey and which to ignore, we edge closer to anarchy. I appeal to President Tinubu, Chief Fagbemi, the security forces and even the Judiciary to intervene before this crisis spirals out of control. The words and actions of Edo officials are already stoking tensions that could lead to a breakdown of law and order.”
