Supreme Court Cannot Amend Constitution, Chairmen Remain Suspended – Edo Govt

““Supreme Court cannot amend the Constitution. Chairmen remain suspended” – Edo Government

Edo Governor Challenges Supreme Court And President Tinubu’s Local Government Autonomy Agenda

– The brewing constitutional crisis in Edo State took a dramatic turn on Monday, as Governor Monday Okpebholo and the Edo State House of Assembly doubled down on their suspension of all 18 local government chairmen, defying a High Court order reversing the suspension and prohibiting further interference in local council affairs.

Justice Efe Ikponmwonba of the Edo High Court issued a mandatory injunction on Friday, declaring the suspension null and void and restraining the state government and other parties from meddling in local government operations until the substantive case is heard. However, state officials have flagrantly disregarded this ruling, signaling a direct challenge not only to the judiciary but also to President Bola Ahmed Tinubu’s hard-won victory on local government autonomy.

President Tinubu, a champion of restructuring and grassroots governance, successfully secured a landmark Supreme Court judgment in July affirming the financial and administrative independence of local councils. This decision marked a pivotal moment in Nigeria’s federalism, curbing decades of overreach by state governors. Yet, the Edo State Government has chosen to openly defy the President’s signature policy, claiming that state laws supersede federal mandates.

The crisis begun when Governor Okpebholo issued a 48-hour ultimatum demanding local council chairmen submit their financial statements directly to him—an overreach into financial autonomy clearly defined by the Supreme Court. Following their refusal, the governor petitioned the state assembly to suspend the chairmen, citing “gross misconduct” under Section 10(1) of the Edo State Local Government Law (2000). This section, however, had already been declared unconstitutional by the Edo High Court in a separate judgment last month.

Despite these legal setbacks, the Edo Assembly promptly suspended the chairmen and their deputies for two months, disregarding both judicial authority and the Supreme Court’s ruling on local government independence.

The state government’s defiance has extended beyond local disputes to openly contradicting statements from the Attorney General of the Federation, Chief Lateef Fagbemi SAN. The AGF recently reaffirmed that only local councillors—not governors or state assemblies—hold the constitutional authority to suspend or remove elected local government officials.

Yet Edo officials, including Barrister Emwanta of the governor’s administrative panel, dismissed these legal realities. Appearing on national television, Emwanta declared that “the Constitution has placed local governments under state control, and that remains the law,” accusing the Supreme Court of overstepping its bounds. “Financial autonomy is about giving them access; but that does not mean state governments do not have control over how they use that money. The Supreme Court cannot amend the constitution,” he insisted dismissively.

Adding fuel to the fire, Kassim Afegbua, another panel member, took aim at the AGF’s authority. “Lateef Fagbemi might be the law officer of the federation, but he does not represent the constitution of the country and he does not represent other laws made validly under the provisions of the constitution by the Edo House of Assembly,” he said.

The governor’s spokesperson, Fred Itua, echoed this defiance in a scathing statement aimed at the Supreme Court. “The decisions by the Edo State House of Assembly, vis-a-vis, the Governor of the State, Senator Monday Okpebholo, are entirely justified…It is essential to note that the apex Court is both a court of law and a policy court, and while it has the power to make policy decisions, it cannot exercise this power when the Constitution is clear on a matter.”

Itua doubled down further, stating, “The House of Assembly has the powers to oversight the activities of the Governor, and similarly, the Governor has the right to exercise oversight over local government chairmen. The current constitutional construct recognizes a two-tier federal design. It is clearly stipulated in the Constitution.”

Analysts believe that this repeated dismissal of the Supreme Court’s authority and the AGF’s directives represents not just a legal battle but a deliberate challenge to President Tinubu’s restructuring agenda.

The Edo government’s brazen defiance has left many questioning President Tinubu’s control over his own party. PDP chieftain Hon. Ose Anenih described the unfolding events as “a shocking rebellion against the rule of law and the President’s authority.”

“As a Niger Delta man, I commend President Tinubu’s bold strides toward restructuring, particularly his efforts to strengthen local government autonomy,” Anenih said. “It is bewildering to see an APC governor—one of his own—leading this insurrection against both the Judiciary and the Presidency. How can a state openly defy a Supreme Court ruling, dismiss the Attorney General’s directives, and undermine the President’s flagship policy? This is an unexplainable affront not just to the rule of law but to the President’s leadership. The Governor’s dance-steps or should I say missteps indicate that there is clearly a drummer hiding in the bushes, with an agenda different from the President’s.”

Anenih warned of the dangers posed by such blatant insubordination. “The Edo State Government is setting a dangerous precedent. When elected officials decide which court orders to obey and which to ignore, we edge closer to anarchy. I appeal to President Tinubu, Chief Fagbemi, the security forces and even the Judiciary to intervene before this crisis spirals out of control. The words and actions of Edo officials are already stoking tensions that could lead to a breakdown of law and order.”

Source:- Leadersng