The Attorney General of the Federation (AGF) and Minister for Justice, Prince Lateef Fagbemi has condemned the illegal dissolution and takeover of local government administrations by state governors, describing such actions as treasonable offences.
Fagbemi spoke through the Director of Civil Appeals in the ministry, Tijani Gazali, SAN on Wednesday during the opening ceremony of an event organised by the Nigeria Bar Association (NBA) in Abuja.
The AGF expressed concern over the persistent disregard for the rule of law by some state governors and their assemblies. Despite a clear Supreme Court judgment and constitutional provisions prohibiting state governors from interfering in the administration of local government councils, Fagbemi noted that some governors continue to dissolve elected local government councils unlawfully.
“Let me state in unequivocal terms that this act is tantamount to treason and must be treated as such,” Fagbemi declared, accusing the Attorney General and Commissioners for Justice at the state level for not giving legal advice to their governors and called for a stiff penalty against any governor who continues in such an illegal act.
Fagbemi described as “worrisome” the collusion between state governors and their respective state assemblies to dismantle elected local government structures, replacing them with handpicked appointees.
While acknowledging that Section 308 of the 1999 Constitution grants governors immunity from prosecution, Fagbemi insisted that the Federal Government would not tolerate the flagrant violation of the Supreme Court’s decision.
“This flagrant disobedience to the Supreme Court judgment will have unpleasant consequences for the state as a whole, should it persist,” he warned and noted that local government structures had nearly become extinct until his office took the matter to the Supreme Court, resulting in a ruling that reaffirmed the autonomy of local councils.
It would be recalled that the Edo State House of Assembly in December last year, passed a resolution suspending all chairmen and vice chairmen of the 18 local government councils of the state for two months and mandated leaders of the legislative arms to take over leadership of their respective councils.
The suspension of the council’s chairmen and their deputies followed a motion moved by the member representing Esan North East one, Isibor Adeh and seconded by the member representing Akoko-Edo two, Donald Okogbe.
The Edo state governor, Senator Monday Okpebholo had written a petition to the House over the refusal of the chairmen to submit financial records of their local government to the state government.
Disturbed by the development, Fagbemi faulted the Edo State House of Assembly for suspending the chairpersons of the 18 Local Government Areas in the state and noted that, it is only the legislative arm of local governments that can sack or place council chairmen on suspension.
The Minister said, under the current dispensation, local government chairmen cannot just be removed or suspended by any governor without following due process of law and added that state houses of assembly lack the power to suspend or remove council chairmen.
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