The constitutional crisis in Edo State deepened on Monday as Governor Monday Okpebholo and the Edo State House of Assembly reinforced their suspension of all 18 local government chairmen, disregarding a High Court ruling that reversed the suspension and prohibited further interference in local council affairs.
Justice Efe Ikponmwonba of the Edo High Court had issued a mandatory injunction on Friday, declaring the suspensions null and void while restraining the state government from meddling in local government operations pending the hearing of the substantive case. However, the Edo government has openly defied this ruling, challenging not only judicial authority but also President Bola Ahmed Tinubu’s agenda for local government autonomy.
President Tinubu, known for championing restructuring and grassroots governance, had secured a landmark Supreme Court judgment in July affirming the financial and administrative independence of local councils. This decision was seen as a milestone in Nigeria’s federalism, curbing longstanding overreach by state governors. Despite this, the Edo State Government claims that state laws override federal mandates, sparking a direct confrontation with the presidency and the judiciary.
The crisis began when Governor Okpebholo demanded that local council chairmen submit their financial statements directly to him within 48 hours, a move seen as encroaching on the financial autonomy guaranteed by the Supreme Court. Following their refusal, the governor petitioned the state assembly to suspend the chairmen, citing “gross misconduct” under the Edo State Local Government Law (2000). This law, however, had already been declared unconstitutional by the High Court in a previous ruling.
In defiance of these legal setbacks, the Edo Assembly suspended the chairmen and their deputies for two months, ignoring both the High Court injunction and the Supreme Court’s ruling on local government independence.
The Attorney General of the Federation (AGF), Chief Lateef Fagbemi SAN, recently clarified that only local councillors—not governors or state assemblies—have the constitutional authority to suspend or remove elected local government officials. Yet, Edo officials have dismissed this stance.
Barrister Emwanta, a member of the governor’s administrative panel, stated on national television that “the Constitution places local governments under state control, and that remains the law,” accusing the Supreme Court of overstepping its bounds. He argued that financial autonomy does not preclude state oversight, claiming, “The Supreme Court cannot amend the Constitution.”
Another panel member, Kassim Afegbua, criticized the AGF’s position, stating, “Lateef Fagbemi might be the law officer of the federation, but he does not represent the Constitution of the country nor the laws enacted by the Edo House of Assembly.”
Governor Okpebholo’s spokesperson, Fred Itua, reinforced this defiance, asserting that the actions of the governor and the Edo Assembly are justified. “While the Supreme Court has the power to make policy decisions, it cannot exercise this power when the Constitution is clear on a matter,” he said.
Analysts see the Edo government’s defiance as a direct challenge to President Tinubu’s restructuring agenda. PDP chieftain Hon. Ose Anenih described the situation as “a shocking rebellion against the rule of law and the President’s authority.”
“As a Niger Delta man, I commend President Tinubu’s bold strides in restructuring, particularly his efforts to strengthen local government autonomy,” Anenih said. “It is baffling to see an APC governor undermining both the judiciary and the presidency in this manner.”
Anenih warned of the potential consequences of such actions. “When elected officials decide which court orders to obey and which to ignore, we edge closer to anarchy. The Edo State Government is setting a dangerous precedent, and I urge President Tinubu, the AGF, security agencies, and the judiciary to act swiftly before this crisis spirals out of control.”
The standoff between the Edo government and federal authorities continues to escalate, raising concerns about its implications for the rule of law and the future of local government autonomy in Nigeria.