Edo State Govt Defies Tinubu’s Attorney General, Says Local Govts Remain Under State Control

Officials of the Edo State government have declared that local governments remain under the control of state governments, insisting that the Supreme Court overstepped its boundary with its recent ruling on local government autonomy......Read The Full Article>>.....Read The Full Article>>

The officials of Governor Monday Okpebholo insisted on Monday that the Minister of Justice and Attorney-General of the Federation (AGF), Lateef Fagbemi, can’t overrule laws validly made by the Edo State House of Assembly.

Naijaonpoint recalls Fagemi last Thursday, said the Edo State House of Assembly lacks the constitutional right to suspend elected chairmen and vice chairmen of local governments in the state.

He said although he has limited facts on the political issue in Edo State, it was unlawful for the House of Assembly to exercise such power.

The Minister’s position follows an earlier decision by the Edo House of Assembly, which had, last Tuesday, passed a resolution suspending the Chairmen and Vice Chairmen of the state’s 18 Local Government Areas for two months. The House directed the leaders of the LGAs’ legislative arms to take over the leadership of their respective councils.

The crisis begun when Governor Okpebholo issued a 48-hour ultimatum for local council chairmen to submit their financial statements directly to him.

Following their refusal, the governor petitioned the state assembly to suspend the chairmen, citing “gross misconduct” under Section 10(1) of the Edo State Local Government Law (2000).

On Friday, Justice Efe Ikponmwonba of the Edo High Court had issued a mandatory injunction, declaring the suspension null and void and restraining the state government and other parties from meddling in local government operations until the substantive case is heard.
Edo Govt Officials Speak

However, in what seems to be setting the tone for a constitutional crisis, certain officials of the Edo State government insisted that the state government retain control over local governments.

Speaking on Channels Televison, the Special Adviser to Governor Okpebholo on Legal Matters, Andrew Emwanta, said, “the Constitution has placed local governments under state control, and that remains the law,” accusing the Supreme Court of overstepping its bounds.

“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,” he insisted.

Also, a member of the Governor’s legal panel, Kassim Afegbua, challenged the authority of the AGF.

“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,” Afegbua said.

The Governor’s spokesperson, Fred Itua, also corroborated earlier submissions, saying the action of his principal and the Edo State House of Assembly are legally justified.

“The decisions by the Edo State House of Assembly, vis-a-vis, the Governor of the State, Senator Monday Okpebholo, are entirely justified…It is essential to note that the apex Court is both a court of law and a policy court, and while it has the power to make policy decisions, it cannot exercise this power when the Constitution is clear on a matter.

“The House of Assembly has the powers to oversight the activities of the Governor, and similarly, the Governor has the right to exercise oversight over local government chairmen. The current constitutional construct recognizes a two-tier federal design. It is clearly stipulated in the Constitution,” he said.
It’s A Rebellion – Opposition Reacts

However, a chieftain of the Peoples Democratic Party (PDP), Ose Anenih, described the unfolding events in Edo State as a 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.

“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? This is an unexplainable affront not just to the rule of law but to the President’s leadership. The Governor’s dance-steps or should I say missteps indicate that there is clearly a drummer hiding in the bushes, with an agenda different from the President’s,” Anenih said.

The PDP chieftain said the Edo State government is setting a dangerous precedence of insubordination and disobedience to court rulings. He appealed to President Bola Tinubu, security forces and the judiciary to intervene before the crisis gets out of control.

“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,” he said.