Edo Govt Defies Supreme Court on Local Government Autonomy, Sparks Constitutional Crisis

By: Bayero Ade

Edo State is at the center of a constitutional standoff as Governor Monday Okpebholo and the State House of Assembly continue to defy a High Court ruling overturning their suspension of all 18 local government chairmen.

The controversy has raised concerns over the state government’s disregard for judicial authority and the implications for local government autonomy nationwide.

Last Friday, Justice Efe Ikponmwonba of the Edo High Court declared the suspension of the local council chairmen null and void.

The court also issued a restraining order preventing the state government and its agencies from interfering in local government operations pending the resolution of the substantive case. However, the Edo State Government has ignored the ruling, intensifying the conflict.

Origins of the Dispute

The crisis began when Governor Okpebholo issued a 48-hour ultimatum demanding financial statements from local council chairmen. When they refused, the governor accused them of “gross misconduct” under the Edo State Local Government Law (2000) and sought their suspension through the State House of Assembly.

Despite a prior judgment deeming the law unconstitutional, the Assembly swiftly suspended the chairmen and their deputies for two months. This move directly contradicts a landmark Supreme Court ruling that affirmed the financial and administrative independence of local governments.

Federal Government Intervenes

The Attorney General of the Federation (AGF), Chief Lateef Fagbemi SAN, has reaffirmed that only local councillors have the constitutional authority to suspend or remove elected local officials. He emphasized that state governments lack the legal basis to interfere in local council administration.

However, Edo State officials have dismissed the AGF’s position. Barrister Emwanta, a member of the governor’s administrative panel, stated on national television that “state governments have oversight authority over local councils, including their finances,” and argued that the Supreme Court cannot override the constitution.

Kassim Afegbua, another panel member, added, “The AGF does not represent the constitution or the validity of laws enacted by the Edo State House of Assembly.”

Political Fallout

The situation has drawn sharp criticism, particularly from the opposition. PDP stalwart Hon. Ose Anenih described the state government’s actions as “a direct rebellion against the rule of law and President Bola Tinubu’s commitment to local government autonomy.”

“President Tinubu has made bold strides toward restructuring and empowering grassroots governance. It’s alarming that an APC governor is openly defying a Supreme Court judgment and undermining the President’s flagship policy,” Anenih said.

Calls for Urgent Action

Anenih warned that Edo State’s actions could set a dangerous precedent for the country. “When elected officials selectively obey court orders, it erodes public confidence in the rule of law and risks plunging the nation into chaos,” he said.

He called on President Tinubu, the judiciary, and security agencies to intervene immediately to restore order and uphold the Constitution.

The unfolding events in Edo State underscore the challenges of enforcing local government autonomy in a federal system and raise critical questions about the balance of power between state and federal authorities.


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