Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has cautioned Edo State Governor, Monday Okpebholo, against interfering in the affairs of local government councils, insisting that the governor lacks the constitutional powers to suspend elected council chairmen.
Fagbemi’s warning followed the suspension of the 18 local government chairmen and their deputies by the Edo State House of Assembly on December 17, 2024, after Governor Okpebholo directed the lawmakers to act on allegations of insubordination and financial misconduct against the council officials.
The governor had accused the chairmen of refusing to submit their financial statements to his office, a development he described as gross misconduct.
But speaking with journalists in Abuja on Thursday, the AGF faulted the move, stressing that the constitution places the power of disciplining local government chairmen solely in the hands of the legislative arms of the councils, not state governors or Houses of Assembly.
Fagbemi recalled the landmark judgment of the Supreme Court delivered on July 11, which he said redefined local government administration in Nigeria and stripped governors of the powers to arbitrarily sack or suspend elected council officials.
> “Local government chairmen cannot just be removed or suspended by any governor without following due process of law,” the Justice Minister stated.
“Since the Supreme Court judgment of July 11, local government administration has taken a new turn, different from the old order. For now, chairmen can only be removed through the legislative arm of the local government itself and not by the State House of Assembly,” he added.
The minister disclosed that his office was still reviewing the Edo development but maintained that the law was clear on the limits of executive powers at the state level concerning local government administration.
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