This is a matter that strikes at the core of our democracy and the principle of good governance, the illegal and unconstitutional interference in local government administration by the Edo State government and, by extension, the state assembly acting as his political tool. This is totally unacceptable in a clime where the rule of law takes pre-eminence.
The unlawful suspension of elected local government chairmen, as we are currently witnessing in Edo State under leadership of Governor Monday Okpebholo, is an affront to the Constitution of the Federal Republic of Nigeria, and contempt of Supreme Court Pronouncement on Local Government Administration.
It is a direct attack on grassroots democracy and a dangerous precedent that must be stopped immediately.
Today, it is imperative to explain in detail why the Edo State Governor has no legal right to suspend Local Government Chairman through the Assembly, why the councillors in the Local Government have the legal authority to act, and why the Supreme Court of Nigeria has already ruled against such arbitrary actions.
- The Constitutional Autonomy of Local Governments:
The Constitution of the Federal Republic of Nigeria, 1999 (as amended), guarantees the independence and autonomy of local governments as the third tier of government.
Local governments are designed to bring governance closer to the people and provide essential services at the grassroots level of nation building.
The constitutional provisions are clear as Section 7(1) of the Constitution states unequivocally:
“The system of local government shall be by democratically elected Local Government Executive under this Constitution is guaranteed; and accordingly, the Government of every State shall ensure their existence under the law which provides for the establishment, structure, composition, finance, and functions of such councils.”
This means that local government officials derive their legitimacy directly from the people who elected them, not from the state governor or state assembly.
State governors have no constitutional right to interfere in the affairs of local governments or to suspend duly elected Councils Chairman. Such act is unconstitutional, illegal, and null and void.
- Supreme Court Judgments Affirming Local Government Autonomy:
The Supreme Court of Nigeria, the highest court in the land, has consistently ruled that state governors lack the powers to suspend, dissolve, or tamper with the tenure of democratically elected local government chairmen. The apex court has also adjudged that elections into Local Government Councils shall be conducted by the Independent National Elections Commission, not state election commission any more.
Following these apex court rulings, there are other key rulings, which include:
- Ekiti State Government v. Olubunmo (2016): The Supreme Court declared that elected local government officials cannot be removed by the state governor or state assembly without following due process of law.
- Abia State v. Attonery General of the Federation (2006): The court reaffirmed that the democratic existence of Local Government is sacrosanct and cannot be tampered with arbitrarily.
These rulings are binding and make it illegal for any state governor or it’s agent, as in Edo State where the Governor and the State House of Assembly has moved to suspend. The rulings also kick against the removal of elected Local Government officials, either directly or through manipulation of the state assembly.
- Why the Edo State Assembly Cannot Suspend Local Government Chairmen:
The state assembly’s legislative oversight does not extend to arbitrarily removing or suspending local government chairmen at the governor’s request. The powers of the state assembly are limited to: Lawmaking for the state; Budget approvals; Providing general oversight of state executive activities.
The state assembly cannot act as a political tool for the governor to suspend or remove elected officials under the guise of investigating misappropriation of funds.
If allegations of misconduct exist, such as financial misappropriation, the law provides clear procedures for addressing them interalia: Allegations must be investigated by the Local Government Legislative Council (the councillors) and Local Government Service Commission under due process: The Findings of wrongdoing must be presented and debated: Any decision to suspend or remove a chairman must be passed by a two-thirds majority of the councillors, not the state governor or state assembly.
This process engendered the principles of checks and balances and ensures that Local Government officials remain accountable to the people, not to political interests at the state level.
- The Legal Role of Local Government Councillors:
Local Government Councillors form the Legislative arm of the Local Government Council. Their roles and responsibilities include:
- Oversight and Accountability Councillors have the constitutional authority to investigate the activities of the local government chairman and council executives.
- Sanctioning Misconduct where allegations of misappropriation of funds or misconduct arise. Councillors can initiate investigations and, if necessary, suspend or remove the chairman through a vote of no confidence, passed by a two-thirds majority.
- Legislating for the Local Government Councillors pass bye-laws and resolutions that govern the operations of the local government.
Why Councillors Hold the Legal Power to Act:
The councillors are the direct representatives of the people at the grassroots level. Their authority to oversee the chairman is derived from the Constitution, not from the governor or state assembly.
The Supreme Court has affirmed that only the Local Government Legislative Council has the power to sanction or remove a Chairman, following the due process of law.
Why the State Governor Cannot Use the State Assembly:
It is unconstitutional for the governor to manipulate the state assembly to execute his political agenda for several reasons:
- The state assembly does not have the legal authority to suspend local government chairmen. Such an action would exceed their constitutional powers. Allowing state assemblies to act on the governor’s petition undermines local government autonomy and erodes democracy. If the state assembly proceeds with such illegality, it can be challenged in court and declared null and void, with legal consequences for those involved.
If the governor suspects financial mismanagement, the proper procedure is to: Petition anti-corruption agencies like the EFCC or ICPC to investigate the allegations. Allow the Local Government Legislative Council to conduct its constitutional duty of oversight. Anything short of this is an abuse of power and a violation of the Constitution.
The Consequences of Illegal Suspensions the unlawful suspension of Local Government Chairmen has far-reaching consequences. They include disruption of governance; developmental projects are stalled, and the people suffer and loss of democratic credibility:
It undermines trust in the electoral process and democratic institutions, leads to corruption and Abuse of Power:
*Caretaker committees, which are often appointed as replacements, are illegal and prone to corruption.
- A Call to Action for Local Government Councillors:
Local Government Councillors in Edo State must rise to defend democracy and the Constitution. I call on you to:
- Resist Manipulation: Stand firm and refuse to be used as pawns to undermine democracy.
- Invoke Your Powers: Investigate allegations properly and take appropriate actions, as provided by the Constitution.
- Seek Legal Redress by challenging any illegal suspension or interference in court.
- Engage the Public by informing the citizens about the dangers of such interference and rally support for local government autonomy.
- Defend Local Government Autonomy because the constitution is clear and separates the state governors and state assemblies as not having any legal right to suspend or remove democratically elected local government chairmen.
The power to hold Local Government officials accountable lies with the Local Government Legislative council or the Local Government Service Commission as an umpire, made up of councillors elected by the people and professional career experts
Engr Erazele Ross Aisaboluokpia Agazuma is a PDP Chieftain, Ward 1, Igueben LGA, Edo Central Senatorial District, Edo State.
