The Edo State chapter of the Peoples Democratic Party (PDP) has condemned what it termed the illegal suspension of the Chairmen of the 18 Local Government Areas (LGAs) of Edo State by the Edo State House of Assembly.
The Edo PDP noted that the action by the state assembly, which it said followed the directive of Governor Monday Okpebholo, “is unconstitutional, null, and void”.
The Edo State House of Assembly (EDHA) had earlier on Tuesday suspended all 18 local government Chairmen in the state and their Vices.
The suspension, Nigeria News Source gathers, runs contrary to the ruling of the Chief Judge of Edo State, Justice Daniel Okungbowa, who had declared that the state government and the state House of Assembly or their agents have no right to suspend or dissolve elected local government council officials.
Reacting to the development through a statement Tuesday evening, the Chairman of Edo PDP, Dr. Anthony Aziegbemi, said the Edo Assembly’s action was not only illegal but also a direct attack on democracy and the rule of law.
“The illegal suspension is a blatant disregard of the recent ruling of the Chief Judge of Edo State, Justice Daniel Okungbowa, and the Supreme Court’s decision, in a suit filed by the Attorney General of the Federation and Minister of Justice, which affirmed the autonomy and independence of local governments as guaranteed under the Constitution of the Federal Republic of Nigeria,” Aziegbemi said.
“How can a governor direct the State Assembly to suspend democratically elected chairmen of the 18 local councils for insubordination when these elected officials enjoy autonomy and independence as enshrined in the Constitution and are not subordinates of the Governor, the State Assembly, or any other arm of government?” he queried.
Aziegbemi alleged the PDP was also aware that the Chairmen and their Vices were not even given a fair hearing but were suspended “unheard on watery trumped-up charges, in total disregard to the Constitution”.
“We want to restate that the Constitution remains supreme, and any attempt to undermine its provisions or disregard the judiciary and its rulings is not only illegal but also a direct attack on democracy and the rule of law,” Aziegbemi said.
“The Speaker of the Edo State House of Assembly and the entire Assembly have clearly overstepped their constitutional mandates with this illegal action and we urge them to immediately reverse its decision, in respect to the rule of law and democratic governance.
“We therefore direct the council chairmen and their vice chairmen to report to their councils tomorrow to carry on with their normal duties.
“We also invite the Attorney General and minister of justice of the federation to call the Edo State Governor-select to order as his action is not only in breach of the constitution but a threat to security,” he said.
Meanwhile, counsel to the Edo LGA chairmen, Ogaga Ovrawah (SAN), has also written to the Speaker of Edo State House of Assembly, Blessing Agbebaku, and the Attorney General of Edo State warning about the illegality of the action.
Ovrawah in the letter noted that the council chairmen cannot be suspended on the grounds of insubordination when they are democratically elected and independent, and not subordinates of the Governor, the Assembly or its agents.
“Our clients have it on good authority that His Excellency, the Executive Governor of Edo State, has written to the House of Assembly to request and demand that it should pass a resolution to direct him, as the Governor, to dissolve the democratically elected 18 Local Government Councils in Edo State before the expiration/lapse of the tenure of three (3) years enshrined in the Edo State Local Government Law, 2000,” Ovrawah said.
“We have our clients’ firm resolve to take all necessary lawful actions to protect and vindicate their constitutional rights if the House of Assembly decides to obey, comply and/or purport act under the cover, guise or coloration of any unconstitutional and illegal directives, requests and/or demands made by His Excellency, the Executive Governor of Edo State of Nigeria, to usurp, subjugate, restrict and/or limit their rights and tenure as the democratically elected Chairmen and dissolve the Local Government Councils in any manner inconsistent with the Constitution, extant legislations and judgments. It goes without much ado that any action founded on a non-existent law amounts to a nullity.
“This letter serves as a formal thirty days (30) notice of our clients intention to institute legal proceedings against the House of Assembly if it acts upon any directive or demand contrary to the Constitution, extant legislations and the judgments hereinbefore referred to in this letter. The action shall seek declarations, orders, damages, injunctions and costs of the litigation for the truncation and usurpation of their rights,” he stated.
