Edo-Osun LG crisis: Defying court orders in Edo, enforcing in Osun

If there is anything that the current administration of Governor Monday Okpebholo in Edo State and the Federal Government are known for, it is increasingly being notorious for disobedience of court judgements in Edo State and the execution of court judgements that favour the All Progressive Congress in Osun State as far as the Edo-Osun local governments crisis is concerned. Governor Monday Okpebholo and the Federal Government have disregarded several court orders in Edo, yet the Federal Government is executing a similar court judgement in Osun State. The 18 suspended local government chairmen in Edo State at different times secured judgements to remain in office. All the orders have been ignored. Governor Monday Okpebholo is completely disconnected from judicial reality and last year’s Supreme Court judgement on local government autonomy.

Nigeria’s democracy is built on laws, fairness, and respect for institutions. As the Osun State local government election is held on February 22, 2025, it is important that all stakeholders, including federal authorities and security agencies, uphold the integrity of the democratic process. The priority should be ensuring a free, fair, and peaceful election rather than halting or interfering with it under the pretext of security concerns. Elections are a fundamental part of democracy, and their smooth execution strengthens public trust in governance.

The legal implication of the judgement that declared the 2022 Osun State LG elections unconstitutional, null, and void cannot be overstated; the court completely erased any legal foundation for the existence.

I want to call on the Minister of Justice and Attorney General of the Federation, Lateef Fagbemi, SAN, to act beyond warnings in newspapers and drag governors fighting local government autonomy before the Supreme Court.

Whereas we commend the concerns the AGF has shown by way of re-echoing the dangerous consequences of illegally dissolving and taking over councils, it appears, however, that your voice and warnings are not achieving the desired goal, as councils in Nigeria, Edo State, for instance, are still inactive and dysfunctional following the governor’s unlawful interference in that tier of government.

I want to beg the Minister of Justice and Attorney General of the Federation to practically institute a suit against any governor opposing Supreme Court judgement in his state and drag that governor before the Supreme Court.

I commend the genuine concerns Your Honour has shown, even though such concerns may have been undermined by some governors; there is a need for the laws of our land to be obeyed so as to prevent a breakdown of law and order; to this end, we ask you to practically institute suits against governors at war with local government autonomy; they must be seen dragged before the Supreme Court, and the institutions of State, Police, EFCC, ICPC, and others must be compelled to execute extant court orders to maintain the status quo in Councils”.

I am very much aware of the difficulty in getting our people to comply; we believe that is the same challenge you may be facing. There is a need, however, to charge state institutions to do the needful to truly free local governments from the apron strings of state governors.

The local government crisis in Osun, which has led to the loss of lives, would have been avoided if practical measures had been taken promptly; today, we are head over heels to restore peace, dishing out threats in newspapers and other media platforms, because lives have been lost. This shows our lack of seriousness and lack of determination in getting critical things done; the tragedy in Osun and the crisis in Edo could have been avoided if the right thing had been done on time.

Honourable Minister, Sir, you must go beyond paper talks, TV presentations, symposia, and conferences. I want to see you instituting legal suits against governors who have declared war on local government autonomy. A classical example is the Edo State governor, who has rendered local government dysfunctional following his unlawful interference.

I don’t want to believe that you want people killed in Edo, like Osun, before you start making press statements and organising public functions to re-echo the consequences of illegally dissolving and taking over the local government council”. Please act now, and your action must be decisive, result-driven, and must be seen to restore decency, law, and order in the local government council.

The ongoing legal and political battle over the illegal suspension of elected council chairmen in Edo State has once again reaffirmed the supremacy of the rule of law. Despite sustained pressure, intimidation, and alleged harassment of judicial officers, the elected council chairmen continue to retain their positions, as multiple court rulings—including that of the Supreme Court, the Chief Judge of Edo State, and the Federal High Court—remain valid and enforceable.

The Supreme Court, in a landmark decision, had earlier affirmed that duly elected local government chairmen cannot be arbitrarily removed by executive fiat. This ruling remains binding and subsisting, setting a legal precedent that lower courts and government officials must adhere to.

Furthermore, the judgement of the Chief Judge of Edo State, which aligns with the Supreme Court’s ruling, underscores the judiciary’s role as the ultimate arbiter of legal disputes. Justice Nwite of the Federal High Court has also issued an order reinforcing this position, thereby affirming the continued legitimacy of the elected council chairmen and ruling against their illegal suspension.

Inwalomhe Donald writes via [email protected].