The 18 local government council chairmen and their vice chairmen, suspended by the Edo State House of Assembly for alleged gross misconduct, yesterday declared they will continue to carry out their elective duties pending the expiration of their tenure in September, 2026.
Chairman of the state’s Association of Local Government of Nigeria (ALGON) Hon. Newman Ugiagbe, said this at a press conference in Benin, the state capital.
Recall that the Edo State House of Assembly has suspended chairmen and vice chairmen of the 18 local government councils of the state for two months, following a petition by Governor Monday Okpebholo over the chairmen’s refusal to submit financial records of their local government to the state government.
Earlier, Okpebholo dissolved the leadership of all commissions in the state public service, a move which removed loyalists of former Governor Godwin Obaseki from the state’s establishment.
According to a statement by the secretary to the state government (SSG), Umar Musa Ikhilo, the dissolution which takes immediate effect, affected the Edo State Independent Electoral Commission (EDSIEC); the Civil Service Commission; Edo State Oil and Gas Producing Areas Development Commission; Edo State Forestry Commission; the House of Assembly Service Commission; the State Audit Service Commission; and the Judicial Service Commission.
Ugiagbe, who is chairman of Orhionmwon local government council, said the council chairmen were duly elected by Nigerians in various local governments in September last year and that constitutionally, they are bound to vacate office in September 2026.
“From the forgoing, the 18 local government chairmen elected in the election of sept 2nd 2023 and sworn into office on Sept 4th 2023, remains 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”, Ugiagbe said.
Ugiagbe said the 18 Local Government Chairmen had through their Lawyer, Ogaga Ovrawah (SAN) & Sons 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/25/0S/2U24: Hon. Newman Oghomwen Ugiagbe & 17 Ors” delivered by the Hon. Chief Judge of Edo State High Court of Justice wherein he granted the following orders:
“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 under 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 provisions of Section 18 (1) — (3) of the Edo State Local Government, 2000”.
He reiterated that a reminder was served on the Honourable speaker in the early hours of 17th December, 2024 wherein he was also intimated of another suit instituted against Edo State Government, the Governor of Edo State. & Others in Suit No: B/3070S/2024 by Orhionmwon Local Government Council & 17.
He added, “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”
Ugiagbe, while referencing a similar Supreme Court Judgment in Attorney General of Federation V. Attorney General of Abia State & 35 Ors (2024) LPELR-62576(SC) wherein it emphatically obliterate the powers of the 36 State Governors/Houses of Assembly or acting through their privies to dissolve, or interfere Local Government administration or management, using state powers derivable from laws enacted by the State Houses of Assembly (any how so called) or Executive orders/other actions (any how so called), quoted that from the foregoing, it is given that the action of the Edo State House of Assembly on Tuesday 17th December, 2024 in response to the request from Governor Monday Okpebholo, suspending the Chairmen/Vice Chairman 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 order of the court.
He however called on the security agencies to help protect their various council’s secretariat from possible attacks.
