The Illegality of Impeaching Democratically Elected Local Government Chairmen in Edo State
The impeachment of several democratically elected local government chairmen has sparked serious outrage and raised serious questions about the legality and motivations behind these moves. Here is a breakdown:
Supreme Court Verdict on Local Government Autonomy:
The Supreme Court of Nigeria delivered a landmark judgment on July 11, 2024, granting full financial autonomy to the 774 local government areas across the country. The apex court ruled that it is unconstitutional for state governors to withhold or tamper with funds meant for local governments. Furthermore, the court barred governors from dissolving democratically elected local government councils, deeming such actions a breach of the 1999 Constitution. The court also announced that no local government council without its elected chairman would be paid allocation. A decision that garnered praises from everyone, including APC elected public office holders like Senator Adams Oshiomhole.
Senator Monday Okpebholo’s Actions:
Despite the clear directives from both the Supreme Court and a High Court in Benin City stopping the chairmen illegal suspension, Okpebholo’s administration has proceeded with the impeachment of local government chairmen, citing allegations of “financial mismanagement” and “diversion of funds”. Okpebholo’s actions have been met with strong criticism from the Peoples Democratic Party (PDP), which has accused the APC of using these impeachments as a political tool to perpetuate their simister plans to empty the state’s treasure.
Criticism and Public Outcry:
The PDP has condemned the impeachments, describing them as an “extermination of constitutional democracy” and a blatant disregard for the rule of law. They argue that the Okpebholo’s actions are not only illegal but also undermine the principles of democracy and good governance. The party has called for an independent investigation into the allegations of financial mismanagement and has urged the judiciary to intervene and uphold the Supreme Court’ and High Court’s ruling on local government autonomy.
The Role of the Judiciary:
Legal experts have weighed in on the matter, emphasizing the importance of adhering to the Supreme Court’s judgment. They argue that the Okpebholo’s actions are a clear violation of the court’s directives and call for immediate judicial intervention to restore the autonomy of the local governments. The judiciary’s role in upholding the rule of law and ensuring that the rights of democratically elected officials are protected is crucial in this context.
