The Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has declared the suspension of the Chairmen and Vice Chairmen of the 18 Local Government Areas (LGAs) in Edo State as illegal and unconstitutional.
Speaking to journalists in Abuja yesterday, the AGF emphasized that the authority to remove or suspend elected local government officials lies exclusively with the councilors of the respective LGAs.
He based his stance on the Supreme Court’s July 11 judgment, which affirmed the autonomy of the 774 Local Government Areas across 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.
The Attorney-General of the Federation (AGF) explained that his initial hesitation to respond to the suspension of local government officials in Edo State was due to his need to understand the basis for their reported suspension.
It should be recalled that the Edo State House of Assembly suspended the Chairmen and Vice Chairmen of the 18 Local Government Areas (LGAs) for two months, citing alleged gross misconduct and insubordination. The Assembly directed the council leaders to hand over authority to the legislative leaders of their respective LGAs.
The suspension followed a letter from Governor Monday Okpebholo, accusing the council officials of insubordination for failing to submit their financial reports from September 23, 2022, to date, as instructed.
The affected LGA officials have rejected the suspension, insisting they will remain in office until their tenure expires in 2026.
Meanwhile, discussing ongoing reforms in the justice sector, the AGF highlighted the importance of the recently developed 2024–2028 National Policy on Justice. He expressed confidence that the policy would address the challenges undermining the effective administration of justice in Nigeria.
The AGF also reaffirmed the federal government’s commitment to prison decongestion by training judges to adopt non-custodial sentences, such as community service, as provided in the Administration of Criminal Justice Act (ACJA), 2015, and the 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.
“The Ministry, through various platforms, supported states to replicate the Act, through the adoption of their ACJL.
“Today, I am happy to report that the 36 states of the federation now have their states ACJLs, which, to a very large extent, replicates and further strengthen the provisions of the ACJA for effective implementation a the state level.
“The Justice Ministry is currently collaborating with the Ministry of Interior and Nigerian Correctional Service to conduct an audit of the Correctional Centres to ascertain the number of inmates, the condition of the correctional centres, the number and different categories of inmates in the correctional centres.
“The first phase of this audit conducted in 9 states and the FCT, took place between 21st – 25th November, 2024, and it is hoped that when concluded, the outcome will assist the federal government in initiating and implementing appropriate policies and programmes that will enhance effective management of the correctional service.
“While these achievements are commendable, we must remain focused on addressing existing challenges,” the AGF stated.
