Edo State chief judge, Justice Daniel Iyobosa, has ruled that elected local government council members, including the chairmen and the councillors cannot be dissolved by the state government, the House of Assembly or their agents.
Justice Iyobosa’s judgment came following legal arguments presented by the counsel for the involved parties, wherein he interpreted the law and relied on the judgement delivered by the Supreme Court of Nigeria filed before it by the attorney-general of the federation.
The case law referenced Attorney General (AG) of the Federation versus AG of Abia State and 36 others (2024) LP 62576 (SC), played a crucial role in shaping this ruling.
In his ruling, the Edo State Chief Judge held that the “Supreme Court’s decision on this matter has set a precedent that now stands as a guiding principle in similar cases concerning the dissolution of elected council members.
“This judgement reaffirms the importance of upholding the integrity of democratic processes and respecting the will of the electorate.”
Justice Oyobosa averred that elected council members in the third tier of government hold a mandate for the people and should be able to carry out their duties without the threat of arbitrary dissolution.
“As an institution dedicated to the promotion of justice, equity and adherence to the rule of law, we acknowledge the court’s decision and its implications for governance at the third tier.
“This ruling serves as a reminder of the importance of legal precedents and the protection of elected representatives from undue interference.
“Any attempt by the 36 states of Nigeria, through their respective state governors and state houses of assembly, to unlawfully dissolve democratically elected local government chairmen within the state is gravy to democracy.
“This action goes against the ruling of the Supreme Court and will raise serious questions about the respect for judicial independence and democratic principles.
“The judiciary plays a crucial role in upholding the rule of law and ensuring that the rights of citizens are protected.
“Any attempt to bypass or disregard the decisions of the judiciary undermines the foundations of democracy and the separation of powers.
“It is imperative that all arms of government, including the executive and legislative arms, respect the decisions of the judiciary and operate within the confines of the law.
“The judgement of the Supreme Court must be upheld, and any attempts to circumvent or contravene this ruling may be viewed as a direct assault on the judiciary and the principles of justice,” Justice Iyobosa declared.
