Lucky Obukohwo, Reporting
The High Court of Justice, Benin Judicial Division, presided by Chief Judge of Edo State, Justice D. I. Okungbowa has barred the state governor, Senator Monday Okpebholo and his associates from dissolving the local government Council’s chairmen in the state.
The chairmen in the 18 local government areas had approached the court to seek for an interpretation of the law whether the state governor has the power to dissolve them when their tenure has not expired.
The defendants in the case are the Edo State governor, the government of the state, the Attorney General and Commissioner for Justice and the Accountant General of Edo State while the claimants are the 18 local government council chairmen respectively.
In Suit No: B/257/OS/2024 between the defendants, the presiding judge, while referencing A.G. Federation V. A. G. Abia State, N36 ORS (2024) LPELR -62576 (SC), said, it played a crucial role in shaping this ruling.
CJ Okungbowa said the Supreme Court’s decision on this matter has set a precedent that now stands as a guiding principle in similar cases concerning the dissolution of elected council members.
The CJ said this judgement reaffirms the importance of upholding the integrity of democratic processes and respecting the will of the electorate.
Okungbowa said the elected council members in the third tier of government hold a mandate for the people and should be able to carry out their duties without the threat of arbitrary dissolution.
He said as an institution dedicated to the promotion of justice, equity and adherence to the rule of law, he acknowledged the court’s decision and its implications for governance at the third tier.
He said this ruling serves as a reminder of the importance of legal precedents and the protection of elected representatives from undue interference.
He added that any attempt by the 36 states of Nigeria, through their respective state governors and state houses of assembly, to unlawfully dissolve democratically elected local government chairmen within the state is gravy to democracy.
He said this action goes against the ruling of the Supreme Court and will raise serious questions about the respect for judicial independence and democratic principles.
He said the judiciary plays a crucial role in upholding the rule of law and ensuring that the rights of citizens are protected and any attempt to bypass or disregard the decisions of the judiciary undermines the foundations of democracy and the separation of powers.
He it is imperative that all arms of government, including the executive and legislative arms, respect the decisions of the judiciary and operate within the confines of the law.
He maintained that the judgement of the Supreme Court must be upheld, and any attempts to circumvent or contravene this ruling may be viewed as a direct assault on the judiciary and the principles of justice.