In this analysis, FRANCIS OGBAUGU argues that the current moves by the All Progressives Congress (APC) to sack all the local government chairmen elected on the platform of the Peoples Democratic party (PDP), in Edo State illustrates APC’ indignation and might amount to disruption of constitutional governance at the grassroots

These are not the best of times for the 18 LG Council Chairmen in Edo State. Since their swearing-in on Sunday, September 3, 2023 amidst protests and call for cancellation of the election, the crisis that greeted their election is as disturbing as post-election issues.

It was alleged that the electoral process and results of the September 2, 2023 LG Council election were ridden with crisis as there were harvests of protests by the opposition parties and their candidates, who alleged that some of their candidates were not allowed to vote for themselves by political thugs allegedly sponsored by the then ruling People Democratic Party (PDP)
The Labour Party candidate for Oredo Local Government council, Hon Daniel-Ero Onaghise expressed his displeasure over the exercise. A subsequent appeal by LP candidates to the Edo State LG Election Appeal Tribunal was struck out for lack of merit.

Delivering the judgment, Justice Emmanuel Ahamioje with the two members of the panel Justices, Mary Asemota and Aifuwa Imoukhuede dismissed the appeals for lack in merit and called on the State House of Assembly to review and harmonize certain provisions of the EDSIEC Act to be in tandem with the federal law.
But the story took another dimension when the PDP lost the governorship election. First was the suspension of the Edo State Local Government Council suspension by the Edo State House of Assembly and subsequent impeachment by respective councilors of the councils to some factors, even when the impeachment processes can pass only for caricatures.
But that fell like a pack of cards in the face of the July, 2024 Supreme Court judgement, which gave financial autonomy to the 774 local government areas in Nigeria has literary changed the fortunes of this third tier of government. Unlike, when governors detect what goes to the council areas.

Suspension galore
The Edo State Governor, Monday Okpebholo had earlier accused the council chairmen of gross misconduct and insubordination. The governor in a letter he sent to the State House of Assembly requested for a suspension of the council chairmen for two months.
The Edo State House of Assembly on the 17th of December passed a resolution suspending chairmen and vice chairmen of the 18 local government councils of the State for two months. The House also mandated leaders of the legislative arms to take over leadership of their respective councils.
But that was not without a backlash, as the suspension was deflated by the ruling of the Edo State High Court 2 in a suit filed by the 18 council chairmen as Claimant against The Governor of Edo State, The Deputy Governor of Edo State, The Attorney General of Edo State.
The Accountant General of Edo State and The Permanent Secretary, Ministry of Local Government Community and Chieftaincy Affairs (Defendants) which was presided over by Justice Efe Ikponmwonba which restrained the Defendants by “themselves their privies, servants, agent, howsoever named or described from in any way giving effect to, or acting on the resolution suspending the Claimants’ elected Chairman/Vice Chairmen purportedly made by the Edo State House of Assembly on the 16/12/2024 or any other day, pending the hearing and determination of the Motion on Notice in this suit filed on the 12/12/2024.”
Also, the pronouncement by the Attorney General of the Federation, Lateef Fagbemi SAN, which declared the suspension of the 18 council chairmen illegal citing the Supreme Court judgement on Local Government autonomy.

Fraud allegations
The Governor, Senator Monday Okpebholo, on Tuesday said the suspended 18 Local Government Council Chairmen remitted about N12 billion to leaders of the Peoples Democratic Party (PDP) in 15 months.
Governor Okpebholo made the allegations while playing host to acting Chairmen and Councilors of the 18 Local Government Areas, who were in Government House on a courtesy visit
The Governor, commending the acting chairmen and the councilors stressed that the Local Government funds do not belong to any individual, irrespective of the statues
Okpebholo expressed dismay over the lack of tangible development across the state’s 18 local government areas despite receiving a staggering N83 billion in allocations from the Federal Government within a year.

“Cumulatively, the councils have earned over N83 billion in one year as monthly allocations from the federation account. Before Bola Tinubu’s administration, Edo State’s local governments were receiving N3.5 billion monthly. Today, they receive over N8 billion monthly. Yet, the 18 local government councils have nothing to show for the N83 billion received in the last year,” he said.
The governor said. “When I came into the office, I had a meeting with the accountant-General, and he showed me some books. Some of these spending had no explanation.
“I picked interest in some of the spending because I saw an item which was tagged “Environmental security funding. I have never heard of that before, and the amount involved was huge, N800 million every month. These Chairmen were contributing this money and gave it to leaders of a party.”

Governor Okpebholo said the revelation led to a meeting with the Chairmen who were asked to explain the money allocated to Environmental Security funding, but they could not.
“I invited the Chairmen but could not meet with them, but my Deputy met with them. He asked them to explain certain spending, but none could explain. He asked them to provide their books, and they agreed and said they would in 24 hours, but the Deputy said no, Iet it be in 48 hours.

“But these Chairmen didn’t obey the instructions in two weeks as none of them submitted their books. Following the development, I sent a letter to the Economic and Financial Crimes Commission (EFCC) to look into their records.

“As a former parliamentarian, I know there is a body that has a function over them, so I sent a letter to Edo State House of Assembly (EDHA) and they were invited and they refused to come and they were suspended for two months.

“Even when our schools did not have teachers. When you get to primary schools, you find two or three teachers, where you are supposed to have 10 to 12 teachers.
“I want to thank you because the narrative has changed by you people as what you have done is not out of the law. Impeaching somebody who is corrupt, who has used the local funds for his personal gain is not wrong. I recognize you as my chairmen. The only way to drive development to the grassroots is through you. The President also recognized the local government and advised Governors.

“I am ready to work with the Chairmen of various local government Councils. I am ready to work with you to see that various Council areas progress. You have the full power as local government chairmen. The local government Commission will cooperate with you to ensure you succeed in your duties to serve the grassroots people.

“The money belongs to the local government. It does not belong to you but the grassroots. So, go and work with the resources,” Senator Okpebholo advised.
Reacting, the Acting Caretaker Committee Chairman of Edo State PDP, Tony Aziegbemi denied the allegation of N12 billion being given to PDP leaders by the 18 suspended local government council chairmen in the last 15 months.

Aziegbemi urged the governor to back his claim with evidence, urging him not to take the law into his hand, but refer any such matter to the anti-corruption agency in the state.
Aziegbemi said, “No such money was given to PDP leaders and we challenge the governor to bring evidence to support that claim. He should touch on specific, who got what, when, how and from who?
“As the state Chairman, I am telling you with all sense of responsibility that I am not aware that such money was given to anyone. The route the Governor is taking to justify the illegal suspension of the chairmen is unreasonable.
“Even if any money was paid to anyone, we expect the Governor to report to the anti-corruption agency to investigate. We are in a country and a state where the rule of law should prevail. The Governor is just throwing figures and belittling the office of Governor of Edo State.” Azuegbemi said.

Sham impeachments
The processes for the impeachment in most of the local government councils would make ancient Greece, who invented democracy, go green with envy. A video of the impeachment in Ikpoba- Okha Local Government Council circulating online showed two persons in the room where the impeachment was said to have taken place. It was gathered that the councilors who are PDP members and loyal to the suspended local government chairman, Dr Eric Osayende refused to be involved in the impeachment process.
On the 2nd of January, 2025, the Uhunmwonde and Orhionmwon Local Government Council chairmen were purportedly impeached by their councilors. However, earlier on January 1, 2025, councilors in Orhionmwon also purportedly impeached the Leader of the House, Hon Daniel Osariemen and replaced him with Hon Chuks Isan as they got wind that Osariemen was being mobilized to impeach the chairman, Hon Newman Ugiagbe and his Vice Midwest Ogbebor.

The purportedly suspended Leader, Osariemen was alleged to have led unknown persons to take over the secretariat of the council in Abudu where he purportedly resumed as the Acting Chairman of the local government area.

The suspended chairman Hon. Newman Ugiagbe in a statement by his Press Secretary, Roy Osariemen said the action in Abudu was illegal and that Ugiagbe remained the chairman of the local government area.

He referenced the Edo State Local Government Law of 2000 (as amended in 2002) which outlined specific procedures for the removal of council executives.
He argued that the councilors failed to establish a seven-member investigative panel as mandated by the law even as he was denied the opportunity to defend himself before such a panel.
Also in Owan East Local Government Council, the suspended Chairman, Prince Aminu Kadiri, said his impeachment was wrong, he pointed out that the mace used during the impeachment was not the official mace of the Owan East Local Government Council, thereby invalidating the process.

He said: “The governor alleged that council chairmen embezzled ₦50 million meant for salaries, but this claim lacks merit. Monthly salary expenditures far exceed ₦50 million in most councils and salaries were paid promptly up to November, contrary to the governor’s claims. If funds were misappropriated, where is the proof? Our bank records are clear, and no salaries are owed.
“Moreso, the purported impeachment revealed that two key councilors were involved in the process—Hon. Haruna Mohammed and another member from Ward Seven who had been suspended for gross misconduct prior to the session.”
He argued that the suspended councilors participation in the process rendered the proceedings invalid and emphasized that his office was never notified of their reinstatement, as required by due process. He however vowed to seek justice through the judiciary to restore justice and uphold the rule of law.
In Uhunmwonde, several people were injured as gunmen allegedly attacked bystanders injuring many of them in the process. The chairman of the council, Kenneth Adodo, alleged that those who came to shoot were policemen from Government House. The same story is obtainable across the 18 local government councils in Edo State.
The PDP criticized Governor Monday Okpebholo, accusing him of undue influence in the impeachment and suspension of council chairmen across the state. The party vowed to file a contempt case against two suspended chairmen, Dickson Ahonsi and Edosa Enowoghomenma, who recently defected to the APC, alleging their actions violated a court order reinstating them.
Analysts believe that APC government action in the state amounts to a way of getting back at the PDP which may have disenfranchised it in the last local government election. Others, however, argue that APC is afraid of possible cancellation of the 2024 Edo State governorship election results by the Edo State Governorship Election Tribunal. If by chance the court calls for a possible re-run, leaving the 18 Local Government Councils in the hands of the PDP would amount to giving the party an opportunity to return to power.

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