The Edo State government has said its decision to suspend chairmen and vice-chairmen of 18 local government areas of the state stands.
Recall that we had reported that the chairmen and vice chairmen were on December 17 suspended by the State Assembly at the instance of the governor.
Governor Monday Okpebholo had accused the embattled chairmen and their deputies of insubordination and misconduct on the ground that they did not submit their statement of finances to him.
The development had elicited public outrage as some legal experts and stakeholders pointed to the Supreme Court’s pronouncements on local government autonomy.
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The apex court had in a judgement stated that state governments cannot dissolve or interfere in the affairs of democratically elected local councils.
The Attorney General of the Federation, AGF and Minister of Justice, Lateef Fagbemi, SAN, had also weighed in on the matter, describing the suspension as illegal.
Similarly, the Association of Local Governments of Nigeria, ALGON, in a statement on Thursday condemned the suspension of the LG chairmen, saying it was an abuse of power.
However, Barrister Andrew Emwanta, a member of the Administrative Panel of Inquiry set up by the governor, argued that the state government acted within its constitutional authority as the Supreme Court ruling which guaranteed LG autonomy cannot override the Nigerian Constitution.
Emwanta, who spoke when he appeared on Channels TV program, argued that the Constitution created a role for the governor and State Assembly to provide oversight in the affairs of councils.
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He said, “The Constitution has placed local governments under state control and that remains the law. It is now for the National Assembly to give them full political independence like states enjoy, but that is not currently the case.
“They are not an independent organ or tier of government; they are under the control of the state.
“Financial autonomy is about giving them access; but that does not mean state governments do not have control over how they use that money.
“The Supreme Court cannot amend the constitution; Section 7 (of the Constitution) remains.”
