Toba Owojaiye reporting
Benin City, Edo State
In a landmark judgment that reestablished the autonomy of local government councils in Nigeria, the Federal High Court in Benin City has restrained the Governor of Edo State, Sen. Monday Okpebholo, and his agents from interfering in the constitutionally guaranteed tenure and operations of the state’s 18 local government councils.
Truth Live News gathered that the verdict has reinforced the principle of separation of powers and the constitutional sovereignty of local governments as enshrined in Section 7 of the 1999 Constitution (as amended).
The case, initiated by the democratically elected chairmen of the 18 local government councils, challenged the governor’s alleged interference in their administration. They sought the court’s interpretation of constitutional provisions regarding their tenure, financial autonomy, and statutory rights.
Delivering judgment, Justice D.I Okungbowa granted the following key reliefs:
The court declared that the tenure of the local government chairmen is constitutionally guaranteed for three years, commencing from September 4, 2023. Any dissolution or suspension outside constitutional provisions was declared unlawful and nullified.
The court also affirmed that allocations from the Federation Account must be directly disbursed to the local government councils without unauthorized deductions by the state government or its agents.
In addition, the Edo State Government was ordered to provide audited disclosures of all internally generated revenue (IGR) and federal allocations due to the councils.
Most importantly, the court restrained the governor, his agents, and any other entity from interfering with the councils’ financial operations, freezing their accounts, or truncating their tenure.
The judgment further invalidated Section 10(1) of the Edo State Local Government Law, 2000, which allowed the state governor to direct the House of Assembly to dissolve local councils before their tenure elapsed. The court ruled that the provision conflicted with Section 7 of the 1999 Constitution and was therefore unconstitutional.
This ruling is a significant victory for local government autonomy in Nigeria. It not only protects the statutory tenure of elected officials but also ensures financial transparency and accountability in the disbursement of federal and internally generated revenue. Legal experts argue that the decision sets a precedent against undue state interference in local governance.
Speaking on the judgment, lead counsel for the claimants, Mr. Ogaga Ovrawah, SAN, stated, “This is a victory for democracy and grassroots governance. It reaffirms that local governments are not appendages of state governments but independent entities with constitutionally guaranteed powers.”
Public opinion has been largely favorable, with many viewing the ruling as a check on the growing trend of executive overreach by state governors. However, the Edo State Government is yet to issue an official response. Sources close to the government suggest an appeal may be considered.
While the judgment is celebrated as a triumph for local government autonomy, questions remain about its implementation. Historically, enforcement of judicial decisions in Nigeria has faced bureaucratic and political resistance. Observers will watch closely to see if the Edo State Government complies fully with the ruling.
The Federal High Court’s judgment is a critical milestone in the fight to preserve local government autonomy in Nigeria. It sends a strong message that constitutional provisions must be respected, and any attempts to undermine grassroots governance will not stand.