A member of the Edo State Assets Verification Committee and chieftain of the All Progressives Congress, Kassim Afegbua, has dismissed reports that the local government chairmen in the state were removed, contrary to claims attributed to the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN.
In a statement on Saturday, Afegbua clarified that the chairmen were only suspended, not removed, by the Edo State House of Assembly, which he said acted within its constitutional rights.
He argued that the Supreme Court’s ruling on financial autonomy for local governments does not override the powers of state assemblies to exercise oversight over councils.
According to Afegbua, the suspension was initiated to allow for an investigation into the councils’ financial activities and was not tantamount to outright removal.
He criticised the AGF for issuing what he described as a “hasty fiat” without fully considering the legal implications.
The statement read, “There are existing laws for local government administration across the country enacted by the state Houses of Assembly, whose powers to make such laws derive from the 1999 Constitution of the Federal Republic of Nigeria.
“I read the Attorney General of the Federation’s elocution about the suspension of the local government chairmen in Edo state, in line with the relevant provisions of the Edo State Local Government Law 2000. I picked holes in the hasty manner the AGF issued a fiat without considering the implications of the law.
“The judgment of the Supreme Court of Nigeria on autonomy of the local government particularly financial autonomy, does not expressly cede the powers of the Houses of Assembly to the local government and that of the legislative house.
“There are existing laws for local government administration across the country enacted by the state Houses of Assembly, whose powers to make such laws derive from the 1999 Constitution of the Federal Republic of Nigeria.
“Edo State Local Government Law was enacted in the year 2000, in exercise of the powers vested in the House of Assembly as expressly stated in the 1999 Constitution. Therefore, in the discharge of their responsibilities, local governments are guided by the relevant provisions of such law.
“In line with the provisions of Section 20 of the Edo State Local Government Act and other provisions, the governor, in consultation with the House of Assembly expressed concerns over the untoward activities of the Chairmen and reported same to the House.”
He added that the state assembly suspended the LG chairmen in line with the provision of the law.
“In the exercise of the powers vested in the Assembly, as contained in the Local Government Act 2000, (as amended), the Assembly subjected the issue to debate at its plenary, and a majority vote supported the suspension of the local government chairmen for a period of two months in line with the provisions of the law whilst allowing the Speaker of the Legislative House in the councils to take over in acting capacity.
“The use of the word remove by the AGF is most ambiguous and unfortunate. What the Edo Assembly did was to suspend the chairmen to allow for an investigation of their finances while allowing their Speakers to act in the various LGAs,” he added.
Speaking further, he clarified that “suspension” was different from “removal”, stating emphatically that the AGF’s claim was misleading.
“Suspension” is different from “removal” and the imputation of the AGF that the chairmen cannot be removed contradicted what the Edo Assembly has done. Mr. AGF sir, the chairmen have not been removed but suspended In line with the law, the suspension is to last for two months in the first instance whilst the investigation into their financial activities by the Administrative Panel of Inquiry subsists.
“It is misleading therefore for the AGF to rush to town without taking a judicial notice of the rationale for this decision as well as the raison d’etre for the action, in the first place. What we have done in Edo state does not offend the verdict of the Supreme Court with respect to financial autonomy. The law is what it is; factual, evidential and instructive.
“The Legislative Houses serve as checks and balances for Local Government chairmen and its administration. After the investigation, depending on the outcome and findings, some of the chairmen will be restored to their positions while others may lose their positions.
“It is injurious to our collective psyche for the AGF to hurriedly conclude that we removed the chairmen instead of stating the real status of what we have done; suspension. This clarity becomes instructive to correct the negative impression created by the misplaced outburst of the Attorney General of the Federation,” Afegbua concluded.
