The Attorney-General of the Federation 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 yesterday, stressed that removing from office or suspending any elected LG official in the country is the prerogative of Councilors in the said LGA.
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.
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“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.
“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.
