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Nigeria’s AGF Declares Suspension Of Edo LGA Chairmen Illegal, Unconstitutional

ABUJA— Nigeria’s Attorney-General of the Federation (AGF) and Minister of Justice, Prince Lateef Fagbemi (SAN), has declared the suspension of Chairmen and Vice Chairmen of the 18 Local Government Areas, LGAS, in Edo State as illegal and unconstitutional.

The AGF, who spoke to journalists in Abuja on Thursday, stressed that removing from office or suspending any elected LG official in the country is the prerogative of Councilors in the said LGA.

According to report by Vanguard News, the Justice Minister said his position was based on the July 11 judgment of the Supreme Court that granted autonomy to the 774 LGAs in the country.

“One thing that I know and can say without fear is that under the present dispensation, no Governor has the right to remove any local government chairman.

“That much I know. If I did not know before, since July 11, 2024, I became aware that removal of any local government chairman or official would be the prerogative of that local government, through their legislative house,” the AGF stated.

However, he said his initial reluctance to react to the development was because he wanted to know the basis upon which the LGA officials in Edo state were reportedly suspended.

It will be recalled that the Edo State House of Assembly suspended the chairmen and vice chairmen of the LGAs for two months over their alleged gross misconduct and insubordination.

The Assembly directed the council leaders to hand over to the legislative leaders of their respective local governments.

The action followed a letter from Governor Monday Okpebholo, who accused the council officials of insubordination, alleging that they failed to submit their financial reports from September 23, 2022, to date, as directed.

The LGA officials had since rejected their purported suspension, even as they vowed to remain in office till the expiration of their tenure in 2026. Meanwhile, speaking about ongoing reforms in the justice sector, the AGF said the development and adoption of the 2024-2028 National Policy on Justice would help to address the challenges militating against the effective administration of justice in Nigeria.

He said the federal government would in line with its determination to decongest the prisons, continue to train judges on the need to embrace the award of non-custodial sentences like community service, as provided for in the Administration of Criminal Justice Act, ACJA, 2015 and Nigerian Correctional Service Act, NCSA, 2019.

“The ACJA, 2015, seeks to reform the administration of criminal justice through the speedy dispensation of justice, protection of human rights, accountability, and oversight between and amongst criminal justice institutions.

“Since its enactment, the Ministry has been leading efforts to ensure its effective implementation to ensure citizens access justice and the protection of their rights.

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