By Ehichioya Steve Odion
The eighteen local government councils chairmen in Edo State have vowed to remain in their various positions as chairmen.
Speaking under the agis of the Association of Local Government of Nigeria, the chairmen averred that they had yet received an official letter to the purported suspension by the Edo State House of Assembly
They said the purported suspension was premised on a petition of alleged Gross Misconduct And Insubordination Against The Leadership of 18 Local Government Councils dated 16th December, 2024 from the Executive Governor of Edo State, His Excellency, Senator Monday Okpebholo.
The chairmen made their positions known today when their leader and Chairman Orhionmwon Local Government Council Hon Newman Ugiagbe led 15 others to address the press at the Secretariat of the Nigeria Union of Journalists, Edo State Council.
Describing the suspension as null and void and of no legal effect, the chairmen averred that, before the purported suspension,the Eighteen Local Government Chairmen had through 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/2570S/2624: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:
“(i) 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 Assembly by its resolution so direct the 1st Defendant 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 years stipulated under the said Edo State Law, 2000.”
(II) A declaration that the tenure of the Claimants are statutorily set at three years with effect from the date they took their 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 provision of Section 18 (1) - (3) of the Edo State Local Government, 2000".
A reminder the chairmen said was served on the Honourable speaker in the early hour of December, 16, 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 chairman & 17 Ors, wherein the High Court of Justice No. 2, Benin City granted an Interim Order restraining, the defendants therein from “interfering with, obstructing 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.”
"Also, I wish to further bring to your attention the recent judgment of the Supreme Court of Nigeria in ATTORNEY GENERAL OF THE FEDERATION VS. ATTORNEY GENERAL OF ABIA STATE AND 35 ORS (2O24) 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 with the Local Government administration, 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)".
They therefore, described the action of the Edo State House of Assembly on Tuesday 17th December, 2024 in response to the request from Governor Monday Okpebholo as null and void and of no legal effect.
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