LG chairmen suspension: Court orders Okpebholo, Edo Assembly to maintain status quo

A Federal High Court in Abuja on Monday, ordered Governor Monday Okpebholo of Edo State, the House of Assembly and other parties in a suit filed by the 18 suspended local government chairmen in the state to maintain status quo.
Justice Emeka Nwite, in a ruling, gave the order after counsel to the plaintiffs, Anderson Asemota, moved a motion ex-parte to the effect.
Earlier, Asemota, while moving the motion, told the court that the plaintiffs, who are LG chairmen, were suspended by the state’s house of assembly and their resolution transmitted to Okpebholo.
The lawyer said the motion sought an order directing the parties in the suit to maintain status quo as at Dec. 15, 2024.
He based his argument on the grounds that the Supreme Court in July 2024 held that governors had no power to suspend elected LG chair.
He alleged that the suspension of the LG chairmen stemmed from their disagreement with the governor to operate a joint account against the apex court decision.
Asemota submitted that to ventilate their rights as enshrined in the constitution, the plaintiffs had approached the court in order not to resolve to self help.
He said what they were asking for is for the court to make an order of status quo from the Dec. 15, 2024, and for the governor not to give effect to the assembly’s resolution.
“Extreme urgency is required my lord,” he said.
He told the court that the order suspending the 18 chairmen was made on Dec. 17, 2024.
The lawyer said the Supreme Court judgement, the Edo State High Court order restraining the defendants from going ahead with the act and an interview granted by the Attorney-General of the Federation (AGF), Lateef Fagbemi, SAN, regarding the suspension, were all exhibited in the motion.
Asemota, who said that Section 2(1) of the Constitution confers the power on the court to make the order, prayed the court to grant their reliefs.
Justice Nwite, who said extreme carefulness needed to be exercise in granting the reliefs, said: “I will only make order for parties to maintain a status quo pending the hearing and the determination of the substantive suit.”
Ruling, the judge said: “After listening to counsel to the applicants and gone through the affidavit evidence including the written address, I hereby make an order that parties should maintain a status quo pending the hearing and determination of the motion on notice.”
The matter was subsequently adjourned until January 20 for hearing of the substantive suit.
The aggrieved 18 LG chairmen and Peoples Democratic Party (PDP) had filed the motion ex-parte marked: FHC/ABJ/CS/1952/V/2024.
In the motion dated Dec. 20, 2024, but filed Dec. 24, 2024, the chairmen and the PDP sued Speaker, Edo State House of Assembly; Edo State House of Assembly; Governor of Edo State; Government of Edo State as 1st to 4th defendants.
Also joined in the suit include the Attorney-General and Commissioner for Justice, Edo State; Attorney-General of the Federation and Inspector-General of Police as 5th to 7th defendants respectively
They sought an order of interim injunction compelling or directing the 1st to 5th defendants, their servants, agents, privies, any person, institution or successors howsoever called, acting or purporting to act on their behalf to maintain status quo ante bellum, as at 15th December, 2024, pending the determination of the substantive suit, filed contemporaneously with this application.
They sought an order of interim injunction restraining the 3rd to 5th defendants, their servants, agents, privies from further acting on the resolution of the assembly, suspending the plaintiffs and their deputies pending the hearing and determination of the substantive suit filed contemporaneously with this application.