Edo Governor Lacks Powers to Suspend LG Chairmen, Says AGF

The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has declared that the Edo State Governor, Monday Okpebholo, does not possess the constitutional authority to suspend local government chairmen.

This position follows the recent suspension of 18 local government chairmen and their deputies by the Edo State House of Assembly, acting on the governor’s directive. Governor Okpebholo had accused the officials of insubordination and alleged misconduct, citing their failure to submit financial statements as required.

However, speaking to journalists at a public function in Abuja on Thursday, Fagbemi unequivocally criticized the governor's action, describing it as inconsistent with constitutional provisions.

“Under the current constitutional framework, no governor has the unilateral power to suspend or remove local government chairmen. Such actions must adhere strictly to the rule of law,” Fagbemi stated.

He referenced the Supreme Court's landmark judgment delivered on July 11, 2024, which redefined the boundaries of local government administration and governance.

“With the Supreme Court’s ruling, local government administration has taken a new turn, distinct from the previous norms. It is now clear that only the legislative arm of the local government council itself has the authority to suspend or remove its chairmen,” he said.

Fagbemi emphasized that the legislative arm of local government councils, not the State House of Assembly, is constitutionally empowered to handle disciplinary actions against council chairmen.

“At any rate, we are still studying the situation, but it must be categorically stated that for now, no governor or State Assembly can suspend or remove local government chairmen without proper recourse to the law,” Fagbemi added.