The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN), has stated that governors do not have the authority to remove any local government chairman.
This statement came in response to the suspension of Local Government Area Chairmen and Vice Chairmen in Edo State, which he declared unconstitutional and illegal.
In an address to journalists in Abuja on Thursday, Fagbemi emphasized that such actions are in violation of the autonomy granted to LGAs, as outlined in the Supreme Court’s judgment on July 11, 2024.
The controversy stemmed from the suspension of council leaders across all 18 LGAs in Edo State by the Edo State Assembly, which accused them of gross misconduct and insubordination.
Governor Monday Okpebholo followed with instructions for the council leaders to transfer power to the legislative heads of their respective councils, citing their failure to submit financial reports since September 23, 2022.
However, the suspended officials have refused to accept the order, asserting their intention to remain in office until their tenure ends in 2026.
Fagbemi strongly condemned the suspension, stating that only the local government legislative bodies have the authority to take disciplinary actions against their leaders.
“One thing that I know and can say without fear is that under the present dispensation, the governor has no right to remove any local government chairman,” Fagbemi declared.
He further explained, “If I did not know before, since July 11, 2024, I became aware that the removal of any local government chairman or official would be the prerogative of that local government, through their legislative house.”
Fagbemi’s comments are based on the Supreme Court ruling that reinforced the autonomy of the 774 local government areas in Nigeria, limiting the power of governors to interfere with the governance of elected local officials.
