Posted by Amarachi on Tue 07th Jan, 2025 - tori.ng
Justice Emeka Nwite on Monday, issued the order after counsel to the plaintiffs, Anderson Asemota, moved a motion ex-parte requesting the court’s intervention.
Gov Monday Okpebholo
The Federal High Court in Abuja has directed Edo state Governor, Monday Okpebholo, the Edo State House of Assembly, and other parties involved in the suit filed by 18 suspended local government chairpersons in the state to maintain the status quo.
Justice Emeka Nwite on Monday, issued the order after counsel to the plaintiffs, Anderson Asemota, moved a motion ex-parte requesting the court’s intervention.
Asemota, representing the suspended local council chairpersons, argued that the suspension order issued by the Edo State House of Assembly, which was subsequently transmitted to Governor Okpebholo, violated a Supreme Court ruling from July 2024.
The ruling stated that state governors lack the authority to suspend elected local government officials.
“The plaintiffs approached the court to exercise their rights under the Nigerian Constitution, rather than resorting to self-help,” Asemota said.
The lawyer added that the chairpersons’ suspension stemmed from their refusal to comply with the governor’s demand to operate a joint account, contrary to the Supreme Court’s decision.
Asemota urged the court to enforce the status quo as of December 15, 2024, before the suspension resolution was passed on December 17, 2024.
The plaintiffs presented multiple exhibits to support their case, including:
– The Supreme Court judgment barring governors from suspending elected local officials;
– A restraining order from the Edo State High Court;
– A public statement by the Attorney-General of the Federation, Lateef Fagbemi, SAN, criticizing the suspension.
Asemota emphasized that Section 2(1) of the Nigerian Constitution empowers the court to make such an order and sought immediate relief to halt any action enforcing the assembly’s resolution.
Justice Nwite, while exercising caution, stated, “I will only make an order for parties to maintain a status quo pending the hearing and determination of the substantive suit.”
He ruled: “After listening to counsel to the applicants and reviewing the affidavit evidence and written address, I hereby order all parties to maintain the status quo pending the hearing and determination of the motion on notice.”
The case has been adjourned to January 20, 2025, for the hearing of the substantive suit.