From Godwin Tsa, Abuja
The Attorney General of the Federation and Minister of Justice (AGF), Prince Lateef Fagbemi (SAN), has declared that state governors lack the constitutional authority to suspend or remove local government chairmen from office.
Fagbemi made this assertion during a citizen engagement forum organised to update Nigerians on the justice reforms programme of his ministry.
His remarks were in response to concerns regarding the recent actions of the Edo State Governor, Monday Okpebholo, who suspended all 18 local government chairmen and their vice-chairmen on December 17. The suspension was carried out by the state House of Assembly at the governor’s behest.
Governor Okpebholo accused the council chairmen and their deputies of insubordination and misconduct, citing their failure to submit financial statements to him.
However, the AGF clarified that only the legislative arms of local governments have the constitutional power to suspend or remove local government chairmen.
Highlighting the autonomy granted to local governments under the Nigerian Constitution, Fagbemi emphasised that any actions infringing on their independence are unconstitutional.
“Under the current dispensation, local government chairmen cannot just be removed or suspended by any governor without following due process of law,” Fagbemi said.
He referred to a landmark Supreme Court judgment delivered on July 11, which he said had significantly altered the dynamics of local government administration in the country.
“At any rate, we are still studying the situation. However, it must be categorically and emphatically stated that local government chairmen can only be removed through the legislative arm of the local government itself and not by the State House of Assembly,” he noted.
“Governors do not have the right to suspend or remove duly elected local government chairmen. Such actions are in violation of the principles of democracy and the rule of law,” Fagbemi added.