The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has declared the recent suspension of Chairmen and Vice Chairmen of the 18 Local Government Areas (LGAs) in Edo State as illegal and unconstitutional.
Speaking to journalists in Abuja, Fagbemi emphasized that the authority to remove or suspend elected local government officials rests solely with the councilors of the respective LGAs, a stance supported by a Supreme Court ruling from July 11, 2024, which affirmed the autonomy of Nigeria's 774 LGAs.
Fagbemi stated unequivocally that under the current legal framework, no governor possesses the right to dismiss any local government chairman.
He expressed his awareness of this prerogative following the Supreme Court's decision, which restricts governors from interfering in the affairs of elected local officials.
His comments came in response to the Edo State House of Assembly's decision to suspend these officials for two months, citing allegations of gross misconduct and insubordination.
The suspension was initiated after Governor Monday Okpebholo accused the council leaders of failing to submit financial reports since September 2022.
However, the suspended officials have rejected this action, asserting their intention to remain in office until their terms expire in 2026. They argue that their suspension lacks legal foundation and have indicated plans to challenge it in court.
Fagbemi’s comments underscore a significant legal battle over local government autonomy in Nigeria, as he reiterated that any disciplinary actions against local government chairmen must originate from their legislative bodies.
Meanwhile, he also addressed ongoing reforms within the justice sector, highlighting plans for a new National Policy on Justice aimed at enhancing the administration of justice across Nigeria.
