The embattled 18 local government council chairmen and their vice chairmen, suspended by the Edo State House of Assembly for alleged gross misconduct, yesterday said that they will continue to carry out their elective duties pending the expiration of their tenure in September 2026.
The chairman of Orhionmwon Local Government Council, Newman Ugiagbe, said this while addressing journalists in Benin on behalf of the local government council chairmen.
He said the chairmen were duly elected by their various local governments in September last year and that constitutionally, they are bound to vacate office in September 2026.
“From the foregoing, the 18 local government chairmen elected in the election of September 2nd, 2023, and sworn into office on September 4th, 2023, remain the Executive Chairmen of our respective local government councils, and we are going on with our constitutional responsibility as the chief executive officers of our councils,” Ugiagbe said.
Ugiagbe said the 18 local government chairmen had, through their lawyer, Ogaga Ovrawah (SAN) & Sons, served on the Executive Governor of Edo State of Nigeria and the Honourable Speaker of the Edo State House of Assembly, “A Notice of Judgment in Suit No. B/25/0S/2U24: Hon. Newman Oghomwen Ugiagbe & 17 Ors” delivered by the Hon. Chief Judge of Edo State High Court of Justice wherein he granted the following orders: “(i) 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 thus unconstitutional, ultra vires, 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 directs the 1st Defendant’s action to dissolve all of the democratically elected 18 local government councils of 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 Law, 2000.”
“(ii) A declaration that the tenure of the Claimants is statutorily set at three (3) years with effect from the date they took their respective oaths of office, specifically from the 4th of September, 2023, and therefore they are entitled to hold office for the duration of three years in accordance with the provisions of Section 18 (1) — (3) of the Edo State Local Government, 2000.”
He reiterated that a reminder was served on the Honourable Speaker in the early hours of 17th December, 2024, wherein he was also intimated of another suit instituted against the Edo State Government, the Governor of Edo State, & Others in Suit No: B/3070S/2024 by Orhionmwon Local Government Council & 17 Ors, 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 in any manner interfering with them in the administration and management of their councils.”
Ugiagbe, who is also the ALGON chairman, while referencing a similar Supreme Court Judgment in Attorney General of Federation V. Attorney General of Abia State & 35 Ors (2024) LPELR-62576(SC), wherein it emphatically obliterated the powers of the 36 State Governors/Houses of Assembly or acting through their privies to dissolve or interfere with local government administration or management, using state powers derivable from laws enacted by the State Houses of Assembly (anyhow so called) or Executive orders/other actions (anyhow so called).
He quoted that from the foregoing, it is given that the action of the Edo State House of Assembly on Tuesday, 17th December, 2024, in response to the request from Governor Monday Okpebholo, suspending the Chairmen/Vice Chairmen, is ultra vires and therefore a nullity because it is based on nothing in the eyes of the law. It is also a contempt against the order of the court.
