Governor Monday Okpebholo and lawmakers in Edo State House of Assembly have been told they lack powers to suspend or remove elected council chairmen and their deputies.
Condemning their action, the Attorney General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), declared as unconstitutional and unlawful suspension of council elected officials on Tuesday because of a petition by Okpebholo allegedly bordering on ‘misconduct and insubordination’ for refusing to submit financial records to an asset verification committee.
Similarly, the Assembly had accused the council leaders of failing to submit their annual stewardship reports to the state government and directed legislative arms of the councils to take over leadership.
The AGF condemned the action, stating that the suspension violates constitutional provisions.
He asserted that only local government legislatures have the authority to suspend elected council chairmen or their deputies.
Speaking to journalists in Abuja on Thursday, the AGF stressed that the removal from office or suspension of any elected LG official in the country “is the prerogative of Councillors in the said LGA”.
Fagbemi said his position was based on the July 11 judgement of the Supreme Court that granted autonomy to the 774 councils in the country.
“One thing that I know and can say without fear is that under the present dispensation, the Governor has no right to remove any local government chairman.
“That much I know. If I did not know before, since July 11, 2024, I became aware of it that removal of any local government chairman or official would be the prerogative of that local government, through their legislative house,” the AGF stated.
