The 18 local government chairmen and their vice chairmen, suspended by the Edo State House of Assembly for alleged misconduct, have announced that they will continue in office until their term ends in September 2026.
The chairmen, who were elected in September 2023, argue that they are constitutionally mandated to serve until the end of their tenure.
Speaking on behalf of the group, Dcn. Newman Ugiagbe, Chairman of Orhionmwon Local Government Council, stated that the chairmen were legally elected during the September 2023 local government elections and sworn into office in early September.
According to Ugiagbe, their tenure is set by the constitution, and they are entitled to complete their three-year terms, which will expire in September 2026.
The chairmen, through their legal representative, Ogaga Ovrawah (SAN) & Sons, have sent official notices to the Governor of Edo State and the Speaker of the State House of Assembly, citing a recent court ruling. The judgment, delivered by the Chief Judge of Edo State High Court, found that the suspension of the chairmen violated constitutional provisions, particularly regarding the tenure of elected local government officials. The court ruled that the chairmen are entitled to hold office for a three-year term, starting from the date they took their oaths of office in September 2023.
Ugiagbe also revealed b that a reminder was sent to the Speaker of the Edo State House of Assembly on December 17, 2024, informing him of a separate lawsuit filed by Orhionmwon Local Government Council and 17 others. The High Court had granted an interim order preventing interference with the councils’ operations, including their management and use of allocated funds.
As the Chair of the Association of Local Governments of Nigeria, Ugiagbe referred to a recent Supreme Court ruling, which clarified that state governments and legislatures cannot dissolve or interfere with local government affairs. He emphasized that the suspension of the chairmen by the Edo State House of Assembly on December 17, 2024, was beyond their legal authority and constituted a violation of court orders. The chairmen have made it clear that they will continue to carry out their duties in accordance with the law, asserting their right to serve their full terms.
Ugiagbe said the 18 local government chairmen had, through their lawyer, Ogaga Ovrawah (SAN) & Sons, served on the Executive Governor of Edo State of Nigeria and the Honourable Speaker of the Edo State House of Assembly, “A Notice of Judgment in Suit No. B/25/0S/2U24: Hon. Newman Oghomwen Ugiagbe & 17 Ors” delivered by the Hon. Chief Judge of Edo State High Court of Justice wherein he granted the following orders: “(i) A declaration that Section 10(1) of the Edo State Local Government Law, 2000 conflicts with the provisions of Section 7(1) and (4) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and thus unconstitutional, ultra vires, null and void and of no effect whatsoever to the extent that it provides that upon the 1st Defendant’s action, request or otherwise, the Edo State House of Assembly by its resolution so directs the 1st Defendant’s action to dissolve all of the democratically elected 18 local government councils of Edo State of which the Claimants are Chairmen on or before the expiration/lapse of the tenure of three (3) years stipulated under the said Edo State Local Government Law, 2000.”
“(ii) A declaration that the tenure of the Claimants is statutorily set at three (3) years with effect from the date they took their respective oaths of office, specifically from the 4th of September, 2023, and therefore they are entitled to hold office for the duration of three years in accordance with the provisions of Section 18 (1) — (3) of the Edo State Local Government, 2000.”
