The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), has said the suspension of the chairmen and vice chairmen of the 18 local government areas in Edo State is illegal and unconstitutional.
The AGF, who spoke to newsmen in Abuja on Thursday said the removal from office or suspension of any elected local government official in the country is the prerogative of councillors in the said LGA.
Recall that the Edo State House of Assembly had suspended the chairmen and vice chairmen of the LGAs for two months over their alleged gross misconduct and insubordination.
The assembly equally directed the suspended chairmen and their deputies to hand over to the legislative leaders of their respective local governments.
The action followed a letter from Governor Monday Okpebholo, who accused the council officials of insubordination, alleging that they had failed to submit their financial reports from September 23, 2022, to date, as directed.
But the LGA officials had rejected their purported suspension and vowed to remain in office till the expiration of their tenure in 2026.
Speaking on the matter, the Justice Minister said his position was based on the July 11 judgement of the Supreme Court that granted autonomy to the 774 LGAs in the country.
He said, “One thing that I know and can say without fear is that under the present dispensation, the governor has no right to remove any local government chairman.
“That much I know. If I did not know before, since July 11, 2024, I became aware that removal of any local government chairman or official would be the prerogative of that local government, through their legislative house.”
He said he delayed a little to enable him to know the basis upon which the LGA officials in Edo State were reportedly suspended, but insisted that the decision was illegal.