The Attorney General of the Federation and Minister of Justice (AGF), Lateef Fagbemi, SAN, has said that Governors lack the constitutional authority to suspend or remove local government chairmen from office.
Fagbemi made the declaration at a citizen engagement forum to update Nigerians on the justice reforms programme of his ministry.
His position came in response to questions about the recent action of the Edo Governor, Monday Okpebholo, in suspending elected local government chairmen in the state.
The 18 local government chairmen and Vice Chairmen were placed on suspension on December 17 by the State House of Assembly at the instance of the Governor.
Governor Okpebholo had accused the chairmen and their deputies of insubordination and misconduct on the grounds that they did not submit their statement of finances to him.
However, the AGF said it is only the legislative arm of local governments that can sack or place council chairmen on suspension.
Fagbemi said the autonomy of local governments as enshrined in the Nigerian Constitution makes any actions infringing on their independence unconstitutional, adding that under the current dispensation, local government chairmen cannot just be removed or suspended by any Governor without following the due process of law.
“I am aware that since July 11 when the Supreme Court delivered a landmark judgment, local government administration has taken a new turn, different from the old order.
“At any rate, we are still studying the situation but before final reaction, it must be stated categorically and emphatically that for now, local government chairmen can only be removed through the legislative arm of the local government itself and not the State House of Assembly.
“Governors do not have the right to suspend or remove duly elected local government chairmen,” Fagbemi said, insisting that “such actions are in violation of the principles of democracy and the rule of law.”
