The Edo State High Court 2, sitting in Benin City, has ordered the reinstatement of the 18 suspended local government chairmen and their deputies across the State.
The ruling, delivered by Justice Efe Ikponmwonba on Friday, followed an ex-parte application filed by the suspended chairmen and the Edo State Chapter of the Association of Local Government Councils of Nigeria.
The claimants had challenged the resolution by the Edo State House of Assembly suspending them from office.
The Assembly had earlier accused the chairmen of failing to submit annual stewardship reports and directed the legislative leaders in the affected local governments to assume interim leadership.
In their application, the claimants, represented by their counsel, Oluwole Osazee Uzzi, prayed the court for, “A mandatory injunction compelling the defendants to reinstate the chairmen and deputies pending the determination of the substantive suit.
“An order restraining the defendants from enforcing the Assembly’s resolution.”
Justice Ikponmwonba granted the claimants’ prayers, ordering the immediate reinstatement of the chairmen and their deputies to their offices.
The judge also directed all parties to maintain the status quo as of December 12, 2024, pending the hearing of the substantive suit, which was adjourned to February 17, 2025.
The court further restrained the defendants, including the Edo State Government, the Governor, the Deputy Governor, the State Attorney-General, the Accountant General, and the Permanent Secretary of the Ministry of Local Government and Chieftaincy Affairs, from enforcing the suspension resolution by the House of Assembly.
On Thursday, the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), described the suspension of the council chairmen and deputies as illegal and unconstitutional.
Fagbemi emphasised that only the legislative arms at the local government level have the authority to suspend elected chairmen or their deputies.
Reacting to the ruling, the Edo State chapter of the Peoples Democratic Party lauded the judiciary, describing the decision as a victory for democracy.
In a statement issued by its state chairman, Anthony Aziegbemi, the PDP called on all stakeholders to respect the court’s decision in the interest of peace and compliance with the rule of law.
“The Peoples Democratic Party (PDP) heartily welcomes the ruling of the High Court sitting in Benin City, which granted the application to reinstate the chairmen and vice chairmen of the 18 local government areas who were illegally and unconstitutionally suspended by the Edo State House of Assembly at the behest of the Governor-select, Monday Okpebholo,” the statement read.
The party further urged the reinstated chairmen to resume their responsibilities immediately, assuring them of its support.
“We call on the police and other security agencies to provide adequate protection for the reinstated chairmen and their deputies to ensure they can discharge their constitutional duties without fear of intimidation,” the PDP added.
The ruling has been widely viewed as a reaffirmation of the judiciary’s role as the last hope of the common man.
Stakeholders believe the decision will restore confidence in the legal process, particularly as the PDP continues its legal battle to reclaim what it described as its “stolen mandate” in the 2024 governorship election.
The case continues on February 17, 2025, with the substantive suit expected to shed further light on the constitutional issues surrounding the suspension.