The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), has vehemently denounced the suspension of Local Government Area (LGA) Chairmen and Vice Chairmen in Edo State, branding the action as unconstitutional and illegal. This declaration follows a controversial decision by the Edo State Assembly to suspend the council leaders of all 18 LGAs for a two-month period, citing allegations of gross misconduct and insubordination. The governor, Godwin Obaseki, subsequently directed the suspended officials to hand over their responsibilities to the legislative leaders of their respective LGAs, further escalating the tension. The governor’s directive was based on accusations that the council leaders had failed to submit financial reports dating back to September 23, 2022. This action ignited a constitutional debate, with the AGF firmly asserting the illegality of the suspension based on the principle of local government autonomy.
The core of the AGF’s argument rests on the recent Supreme Court judgment of July 11, 2024, which unequivocally affirmed the autonomy of the 774 LGAs in Nigeria. This landmark ruling effectively restricts state governors from interfering in the affairs of duly elected local government officials. The AGF emphasized that the power to discipline or remove LGA chairmen and vice-chairmen lies solely with the legislative arm of the local government, not with the state governor or the state assembly. He stated categorically that under the current constitutional dispensation, a governor lacks the authority to remove a local government chairman. The AGF’s pronouncements highlight the critical importance of upholding the principles of local government autonomy enshrined in the constitution and reinforced by the Supreme Court’s ruling.
The suspended LGA officials have rejected the suspension order, asserting their intention to remain in office until the expiration of their tenure in 2026. This defiance further complicates the situation, setting the stage for a potential legal battle between the state government and the affected local government officials. The officials’ refusal to comply with the suspension underscores the deeper issues surrounding local government autonomy in Nigeria, a subject that has been a source of contention for many years. The standoff between the state government and the LGA chairmen highlights the need for clear legal interpretations and enforcement mechanisms to safeguard the autonomy of local governments.
The AGF’s intervention adds a significant legal dimension to the controversy. His declaration of the suspension as unconstitutional and illegal provides a strong legal basis for challenging the actions of the Edo State Assembly and the governor. The AGF’s public pronouncements are not merely opinions but carry the weight of his office as the chief law officer of the federation. This intervention signifies the federal government’s commitment to upholding the rule of law and ensuring that the principles of local government autonomy are respected. The AGF’s stance could potentially influence the course of legal proceedings if the matter is taken to court.
The dispute in Edo State exemplifies the ongoing struggle for local government autonomy in Nigeria. While the constitution guarantees a degree of autonomy to local governments, the reality on the ground often differs, with state governors exercising significant influence over local government affairs. This interference has hampered the effectiveness and independence of local governments, hindering their ability to deliver essential services to the grassroots. The Edo State case underscores the need for stricter adherence to the constitutional provisions on local government autonomy and the enforcement of judicial pronouncements that aim to protect this autonomy.
The AGF’s declaration of the suspension as illegal signals a potential shift in the dynamics of state-local government relations. By unequivocally stating that governors lack the power to remove elected local government officials, the AGF has reinforced the Supreme Court’s position on local government autonomy. This stance could embolden local governments across the country to resist undue interference from state governments. The Edo State case could serve as a test case for the practical application of the principles of local government autonomy and may encourage other local governments to challenge similar actions by state governments. The outcome of this situation will likely have broader implications for the future of local governance in Nigeria, potentially leading to greater independence and effectiveness of local governments in delivering services to their communities.
