The brewing constitutional crisis in Edo State over the suspension of all the 18 local government area chairmen won’t end any time soon.
This is as officials of the state government have declared that the chairmen remain suspended.
The Peoples Democratic Party, PDP, has warned of an imminent break down of law and order should the state government refuse to back down.
The PDP spoke on Monday through its chieftain, Hon. Ose Anenih described the unfolding events as “a shocking rebellion against the rule of law and the President’s authority.”
The government’s stand comes despite the declaration of the suspension as illegal by both the Attorney General of the Federation, Mr Lateef Fagbemi, a Senior Advocate of Nigeria, SAN, and a High Court sitting in Edo State.
The AGF recently reaffirmed that only local councillors, not governors or state assemblies hold the constitutional authority to suspend or remove elected local government officials.
Similarly, Justice Efe Ikponmwonba of the Edo High Court issued a mandatory injunction on Friday, declaring the suspension null and void and restraining the state government and other parties from meddling in local government operations until the substantive case is heard.
However, state officials have disregarded this ruling, signaling what appears a direct challenge to law officer of federation and disobedience to court order.
Barrister Andrew Emwanta, a member of the governor’s administrative panel, while appearing on national television, declared that “the Constitution has placed local governments under state control, and that remains the law.”
He added that, “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.”
In a similar vein, Kassim Afegbua, another panel member, also countered the AGF.
He had this to say when he appeared on Arise TV: “Lateef Fagbemi might be the law officer of the federation, but he does not represent the constitution of the country and he does not represent other laws made validly under the provisions of the constitution by the Edo House of Assembly.”
The governor’s spokesperson, Fred Itua, was also quoted to have said that “The decisions by the Edo State House of Assembly, vis-a-vis, the Governor of the State, Senator Monday Okpebholo, are entirely justified.
“It is essential to note that the apex Court is both a court of law and a policy court, and while it has the power to make policy decisions, it cannot exercise this power when the Constitution is clear on a matter.
“The House of Assembly has the powers to oversight the activities of the Governor, and similarly, the Governor has the right to exercise oversight over local government chairmen.
“The current constitutional construct recognizes a two-tier federal design. It is clearly stipulated in the Constitution.”
Reacting to the government’s stand, Anenih described the unfolding events as “a shocking rebellion against the rule of law and the President’s authority.”
