The Edo state Local Government Council Chairmen and Vice Chairmen on Wednesday rejected what they described as their purported suspension by the state House of Assembly, saying they will go ahead with their constitutional responsibility as Chief executive officers of their various councils.
The chairman of Orhionmwon local government council, Deacon Newman Ugiagbe, stated this yesterday on behalf of other 17 council chairmen, while reacting to the two months suspension order slammed on them by the state lawmakers.
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On Tuesday, December 17, the Edo State House of Assembly in response to the request from the state governor, Senator Monday Okpebholo, suspended the 18 local government council chairmen, vice Chairmen for what the governor termed insubordination.
Same day, the Edo State House of Assembly in her sitting announced the suspension of the 18 LG chairman/vice chairman in Edo State.
The suspension was premised on a petition of gross misconduct and insubordination against the leadership of the 18 LG Councils dated December 16, 2024 from the governor of the state, Senator Monday Okpebholo, wherein he premised his petition on “act of gross insubordination by the Chairmen of 18 LGCs of Edo State pursuant to the provision of Section 10(1) of the LG law (2000) of Edo State.”
However, the Orhionmwon Council Chairman, Newman Ugiagbe who is also Chairman, Association of Local Government of Nigerian (ALGON), Edo State chapter, at a media briefing at the Nigeria Union of Journalists (NUJ), Benin City, declared that the suspension was not only ultra virus and a nullity because it was based on nothing in the eyes of the law, but a contempt against the order of the court.
He said LG Chairmen had through “our lawyer, Ogaga Ovrawah, SAN served the governor, the state lawmakers and the speaker, a notice of judgement in suit NO. B/257oS/2024 Hon. Newman Oghomwen Ugiagbe and 17 Others delivered by the Chief Judge of Edo State High Court of Justice wherein he granted the following orders:
“A declaration that section 10(1) of the Edo State Local Government Law, 2000 conflicts with the provisions of section 7(1) and (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and this is unconstitutional, ultra virus, null and void and of no effect whatsoever to the extent that it provides that upon the 1st Defendant’s action, request or otherwise, the Edo State House of Assembly by its resolution so direct the 1st Defendants actions to dissolve all of the democratically elected 18 Local Government Councils of the Edo State of which the Claimants are Chairmen on or before the expiration/lapse of the tenure of three (3) years stipulated under the said Edo State Local Government 2000.”
Besides, Ugiagbe disclosed that a reminder was served on the Speaker on December 17 wherein he was also intimated of another suit instituted against the state government, the state governor and others in Suit No: B/307oS/2024 by the Orhionmwon LGC and 17 Others, wherein the High Court of Justice No. 2, Benin City granted an interim order restraining the defendants therein from “interfering with, obstructing and disturbing the Claimants exercise of their constitutional rights over all assets and funds allocated to them from the Federation Account ” and also “restrained the defendants from suspending, removing redeploying, meddling or any manner interfering with them in the administration and management of their councils.”
He further drew the attention to the recent judgement of the Supreme Court of Nigeria in Attorney General of the Federation V Attorney General of Abia State and 35 Ors (2024) LPELR – 62576(SC) wherein it emphatically obliterate the powers of the 36 State Governors/Houses of Assembly or acting through their privies to dissolve, or interfere with LG administration or management, using state powers derivable from the laws enacted by the State Houses of Assembly (any how so called) or Executive.
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