A constitutional crisis is brewing in Edo State as Governor Monday Okpebholo and the State House of Assembly persist in defying a High Court order reversing the suspension of all 18 local government chairmen.
The situation escalates the tension between the state government and judicial authority, with broader implications for Nigeria’s local government autonomy.
Last Friday, Justice Efe Ikponmwonba of the Edo High Court issued a mandatory injunction nullifying the suspension of the local council chairmen and restraining the state from interfering in council operations.
Despite the ruling, the state government has continued its actions, directly challenging the judiciary.
A Conflict Over Autonomy
The controversy traces back to Governor Okpebholo’s demand for the local council chairmen to submit their financial statements within 48 hours. When the chairmen refused, the governor petitioned the State Assembly to suspend them, citing “gross misconduct” under the Edo State Local Government Law (2000).
However, this law was recently declared unconstitutional in a separate judgment, as it contradicts the Supreme Court’s ruling affirming the financial and administrative independence of local governments.
Undeterred, the State Assembly acted on the governor’s petition, suspending the council chairmen and their deputies for two months.
Federal Authorities Respond
The Attorney General of the Federation (AGF), Chief Lateef Fagbemi SAN, has reiterated that only local councillors—not governors or state assemblies—have the constitutional authority to suspend or remove elected local officials. Yet, Edo officials have rejected this position.
Barrister Emwanta, representing the governor’s administrative panel, argued on national television that state governments retain control over local governments, including oversight of their finances. “The Supreme Court cannot amend the constitution,” he claimed.
Another panel member, Kassim Afegbua, dismissed the AGF’s directives, stating, “Chief Fagbemi is the law officer of the federation, but he does not represent the constitution or laws validly enacted by the Edo State Assembly.”
Political Fallout
Critics have condemned the actions of the Edo State Government as a direct challenge to President Bola Tinubu’s agenda to restructure governance and empower local councils.
PDP chieftain Hon. Ose Anenih called the situation “a shocking rebellion against the rule of law and the President’s authority.” He added, “How can an APC governor openly defy a Supreme Court ruling and undermine the President’s flagship policy on local government autonomy? This is an affront to the rule of law and the President’s leadership.”
Warning of Anarchy
Anenih warned that the state government’s actions set a dangerous precedent. “When elected officials decide which court orders to obey, we edge closer to anarchy,” he said. He urged President Tinubu, the AGF, and the judiciary to act swiftly to prevent the crisis from spiraling out of control.
The unfolding events in Edo State highlight the growing tension between federal and state authorities over local government autonomy, with potential ramifications for governance and the rule of law across Nigeria.
