THE suspension of the Local Government Area (LGA) chairpersons and deputy chairpersons in Edo State has once again drawn national attention to the tension between state and federal authorities over the autonomy of local governance. The Attorney General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), has unequivocally declared the suspension unconstitutional and illegal. Speaking in Abuja on December 19, 2024, the AGF stated that the actions of the Edo State Government violated the autonomy granted to the LGAs by the landmark Supreme Court judgment of July 11, 2024.
The crisis began when the Edo State House of Assembly suspended council leaders of the 18 LGAs for two months, alleging serious misconduct and insubordination. On Monday, Governor Okpebholo supported the move and directed the affected officials to hand over their responsibilities to their respective legislative leaders. The governor cited his alleged failure to submit financial reports dating back to September 23, 2022 as justification for his actions. However, this suspension was quickly challenged in court. On Friday, December 20, 2024, Justice Efe Ikponmwonba of the Edo High Court issued a mandatory injunction declaring the suspensions void, thereby restraining the state government and its agents from interfering in the operations of the LGA pending further deliberations. Despite this clear court ruling, Governor Okpebholo and the Edo State House of Assembly have refused to comply, raising tensions and raising questions about the rule of law in the state.
The challenge to the High Court ruling represents a direct challenge to the judiciary and a broader confrontation with the administration of President Bola Tinubu. President Tinubu's government has prioritized the financial and administrative independence of LGAs, a policy that culminated in the Supreme Court's July ruling affirming the autonomy of local governments. This decision was widely hailed as a critical step in addressing systemic overreach by state governors and strengthening Nigeria's federal structure. Edo State's resistance to this policy not only undermines federal authority but also threatens to erode public confidence in governance. The state's argument that local laws supersede federal mandates directly contradicts the constitutional framework, which places federal supremacy above state statutes.
The issuance of a 48-hour ultimatum by Governor Okpebholo demanding financial reports from the LGA chairmen further exacerbated the situation. This requirement directly contravenes the financial autonomy guaranteed by the Supreme Court. When the chairmen refused to comply, the governor invoked Section 10(1) of the Edo State Local Government Law (2000) to justify his suspension. However, this section was previously declared unconstitutional by the Edo High Court in a separate ruling, invalidating its application. The actions of the Edo State Government epitomize a worrying pattern in Nigerian governance, whereby state governors exert undue influence over local government affairs. This often includes attempts to control LGA funds and remove elected officials from opposing parties, usually under the pretext of alleged misconduct. These maneuvers are often followed by the appointment of loyal supporters, consolidating power in a way that undermines democratic principles and institutional integrity.
Edo State's refusal to comply with judicial and constitutional directives poses a significant threat to governance in Nigeria. Such a challenge erodes the authority of the judiciary, weakens the autonomy of local government structures and challenges the fundamental principles of federalism. When state governments ignore clear constitutional provisions and Supreme Court rulings, this indicates a dangerous erosion of the rule of law and threatens to destabilize the federal framework on which Nigeria's governance is built. The Nigerian Constitution and the Supreme Court have unequivocally affirmed the financial and administrative autonomy of LGAs. State governors lack the legal authority to override this mandate, and any attempt to do so is a flagrant violation of the rule of law. The current crisis in Edo State underscores the urgent need for all political actors to respect these constitutional principles and prioritize the preservation of democratic norms.
The Supreme Court's landmark ruling on local government autonomy is a critical step in addressing systemic governance failures in Nigeria. However, its effective implementation requires strict respect for the rule of law, along with a commitment to uphold the separation of powers. This crisis also highlights the importance of intergovernmental dialogue and negotiation as a mechanism for resolving disputes, in contrast to the prevailing culture of impunity. If left unresolved, the Edo State crisis risks setting a damaging precedent that could weaken Nigeria's federal structure and further erode public confidence in democratic institutions. Failure to address this issue in accordance with constitutional principles threatens to encourage similar actions in other states, compounding the challenges facing the country's governance system.
This standoff is a critical test of Nigeria's commitment to justice, accountability and effective governance. Policymakers and stakeholders must recognize the urgent need to strengthen local governance structures, protect judicial authority and reaffirm the supremacy of the constitution. Strengthening the autonomy of local governments and ensuring accountability at all levels are not only constitutional imperatives, but are also essential to fostering sustainable development and preserving democratic values in Nigeria's changing federal system.
The case of Edo State should act as a clear call for reform, demanding decisive action to ensure that the principles of federalism, transparency and rule of law remain at the core of Nigerian governance. Only through such measures will the country address its systemic challenges and build more equitable and accountable governance.