The brewing constitutional crisis in Edo State took a dramatic turn on Monday, as Governor Monday Okpebholo and the Edo State House of Assembly doubled down on their suspension of all 18 local government chairmen, defying a High Court order reversing the suspension and prohibiting further interference in local council affairs.
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 flagrantly disregarded the ruling, in a direct challenge to the judiciary.
President Bola Tinubu championed restructuring and grassroots governance, and successfully secured a landmark Supreme Court judgment in July affirming the financial and administrative independence of local councils.
Officials say the Edo State Government has chosen to openly defy the President’s policy, claiming that state laws supersede federal mandates.
The crisis began when Governor Okpebholo issued a 48-hour ultimatum demanding local council chairmen submit their financial statements directly to him.
Following their refusal, the governor petitioned the state assembly to suspend the chairmen, citing “gross misconduct” under Section 10(1) of the Edo State Local Government Law (2000).
This section, however, had already been declared unconstitutional by the Edo High Court in a separate judgment last month.
Despite the legal setbacks, the Edo Assembly promptly suspended the chairmen and their deputies for two months, disregarding judicial authority and the Supreme Court’s ruling on local government independence.
The state government’s defiance has extended beyond local disputes to openly contradicting statements from the Attorney General of the Federation, Chief Lateef Fagbemi SAN.
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.
Yet Edo officials, including Barrister Emwanta of the governor’s administrative panel, dismissed these legal realities. Appearing on national television, Emwanta declared that “the Constitution has placed local governments under state control, and that remains the law.”
“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,” he insisted dismissively.
Adding fuel to the fire, Kassim Afegbua, another panel member, said: “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, added: “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.”
PDP chieftain Hon. Ose Anenih described the unfolding events 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 toward restructuring, particularly his efforts to strengthen local government autonomy.
“It is bewildering to see an APC governor—one of his own—leading this insurrection against both the Judiciary and the Presidency. How can a state openly defy a Supreme Court ruling, dismiss the Attorney General’s directives, and undermine the President’s flagship policy?
“This is an unexplainable affront not just to the rule of law but to the President’s leadership. The Governor’s dance steps or should I say missteps indicate that there is clearly a drummer hiding in the bushes, with an agenda different from the President’s,” Anenih said.
Anenih warned of the dangers posed by such blatant insubordination.
His words: “The Edo State Government is setting a dangerous precedent. When elected officials decide which court orders to obey and which to ignore, we edge closer to anarchy.
“I appeal to President Tinubu, Chief Fagbemi, the security forces and even the Judiciary to intervene before this crisis spirals out of control. The words and actions of Edo officials are already stoking tensions that could lead to a breakdown of law and order.”
(Politics Nigeria)