The AGF had said only local councillors—not governors or state assemblies—hold the constitutional authority to suspend or remove elected local government officials.
The Edo state government has insisted that the decision to suspend all 18 local government chairmen will stand.
This is despite a court ruling declaring the suspension null and void.
On Friday, December 20, Justice Efe Ikponmwonba of the Edo High Court issued a mandatory injunction nullifying the suspension and restraining the state government and other parties from interfering with local government operations until the substantive case is determined.
This follows a landmark Supreme Court judgment secured by President Bola Tinubu’s administration affirming the financial and administrative autonomy of local councils. However, the suspension of local government chairmen by the Edo State Government has raised questions about the practical enforcement of that autonomy.
The crisis began when Governor Okpebholo issued a 48-hour ultimatum for local council chairmen to submit their financial statements directly to him. After their refusal, the governor petitioned the state assembly to suspend the chairmen, accusing them of “gross misconduct” under Section 10(1) of the Edo State Local Government Law (2000). The assembly complied, suspending the chairmen and their deputies for two months.
State government officials have clashed with the Attorney General of the Federation (AGF), Chief Lateef Fagbemi, SAN, who recently reaffirmed that only local councillors—not governors or state assemblies—hold the constitutional authority to suspend or remove elected local government officials.
Barrister Emwanta, a member of the governor’s administrative panel, dismissed the AGF’s stance, stating on Channels Television, “The Constitution has placed local governments under state control, and that remains the law. Financial autonomy is about giving them access, but that does not mean state governments do not have control over how they use that money. The Supreme Court cannot amend the constitution.”
Kassim Afegbua, another panel member, criticized the AGF, saying, “Lateef Fagbemi might be the law officer of the federation, but he does not represent the constitution of the country and he does not represent other laws made validly under the provisions of the constitution by the Edo House of Assembly.”
Fred Itua, spokesperson for the governor, echoed these sentiments. “The decisions by the Edo State House of Assembly, vis-a-vis, the Governor of the State, Senator Monday Okpebholo, are entirely justified,” he said. “The current constitutional construct recognizes a two-tier federal design. It is clearly stipulated in the Constitution.”
However, opposition voices have described the situation as a direct challenge to the rule of law and federal authority. PDP chieftain Hon. Ose Anenih called the actions of the Edo State Government “a shocking rebellion against the rule of law and the President’s authority.”
“As a Niger Delta man, I commend President Tinubu’s bold strides toward restructuring, particularly his efforts to strengthen local government autonomy,” Anenih said. “It is bewildering to see an APC governor—one of his own—leading this insurrection against both the Judiciary and the Presidency. How can a state openly defy a Supreme Court ruling, dismiss the Attorney General’s directives, and undermine the President’s flagship policy?”
Anenih warned of the implications of such defiance, adding, “The Edo State Government is setting a dangerous precedent. When elected officials decide which court orders to obey and which to ignore, we edge closer to anarchy. I appeal to President Tinubu, Chief Fagbemi, the security forces, and even the Judiciary to intervene before this crisis spirals out of control. The words and actions of Edo officials are already stoking tensions that could lead to a breakdown of law and order.”