LG chairmen suspension: Court orders Okpebholo, Edo Assembly to maintain status quo

•adjourns suit till Jan 20 for hearing

 

Justice Emeka Nwite of a Federal High Court in Abuja, on Monday, ordered Governor Monday Okpebholo of Edo state, the state House of Assembly and other parties in a suit filed by suspended 18 local government chairmen in the state to maintain the status quo ante bellum pending the hearing and determination of the substantive suit.

The Judge, in a ruling, gave the order after counsel to the plaintiffs, Anderson Asemota, moved a motion ex-parte to the effect.

While moving the motion earlier, Asemota told the court that the plaintiffs, who are local government chairmen, were suspended by the state’s House of Assembly and their resolution transmitted to Gov. Okpebholo and added that, the exparte motion sought an order directing the parties in the suit to maintain status quo as at December 15, 2024.

He based his argument on the Supreme Court in July 2024 held that state governors had no power to suspend elected local government chairmen, alleging that the suspension of the local government chairmen stemmed from their disagreement with the governor to operate a joint account against the apex court decision.

Asemota submitted that to ventilate their rights as enshrined in the constitution, the plaintiffs had approached the court in order not to resolve to self-help and noted that, what they were asking for is for the court to make an order of status quo as of December 15, 2024, and for the governor not to give effect to the assembly’s resolution.

While saying that, “Extreme urgency is required my lord, the counsel told the court that the order suspending the 18 chairmen was made on December 17, 2024.”

The lawyer said the Supreme Court judgment, the Edo State High Court order restraining the defendants from going ahead with the act and an interview granted by the Attorney-General of the Federation (AGF), Lateef Fagbemi, SAN, regarding the suspension, were all exhibited in the motion.

Asemota, who said that Section 2(1) of the Constitution confers the power on the court to make the order, prayed the court to grant their reliefs.

Justice Nwite who said extreme carefulness needed to be exercised in granting the reliefs, held that: “I will only make order for parties to maintain a status quo pending the hearing and the determination of the substantive suit.”

In his ruling, the judge said: “After listening to counsel to the applicants and going through the affidavit evidence including the written address, I hereby make an order that parties should maintain a status quo pending the hearing and determination of the motion on notice.”

The matter was subsequently adjourned till January 20 for a hearing of the substantive suit.

The aggrieved 18 local government chairmen and Peoples Democratic Party (PDP) had filed the motion ex-parte marked: FHC/ABJ/CS/1952/V/2024, with the Speaker, Edo State House of Assembly; Edo State House of Assembly; Executive Governor of Edo State; Government of Edo State as 1st to 4th defendants.

Also joined in the suit include, the Attorney-General and Commissioner for Justice, Edo State; Attorney-General of the Federation and Inspector-General of Police as 5th to 7th defendants respectively

They sought an order of interim injunction compelling or directing the 1st to 5th defendants, their servants, agents, privies, any person, institution or successors howsoever called, acting or purporting to act on their behalf to maintain status quo ante bellum, as at 15th December, 2024, pending the determination of the substantive suit, filed contemporaneously with this application.

They also sought an order of interim injunction restraining the 3rd to 5th defendants, their servants, agents, privies, any person, institution or successors howsoever called, acting or purporting to act on their behalf from acting on the resolution of the state’s House of Assembly or from further acting on the resolution of the Assembly, suspending the plaintiffs and their deputies pending the hearing and determination of the substantive suit filed contemporaneously with this application.

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