Organization, RIVSC, has condemned the suspension of three local government
chairmen by Governor Nyesom Wike.
insistence of the Association of Local Government of Nigeria, ALGON, that the
Governor was right in suspending the three LGA chairmen in the state.
and Chairman of Ahoada East Local Government Area, Ben Eke said Governor Wike
did not err in law.
as a chief security officer to suspend any council authority if they are in
civil society organization, Asim Adams described Wike’s action as an abuse of
Constitution (Amended) empowers the existence of an autonomy of Local
Government Area, adding that the power to suspend or remove an elected local
government chairman is vested in the legislative arm of the local government
respectfully disagree with ALGON and do hereby condemn this act by the Governor
of Rivers State as a brazen and unbridled cum unilateral ursurpation of powers
by the Governor.Section 7(1) of the 1999 constitution empowers the existence
and autonomy of the local government Areas, thus the local government Areas are
the third tier of government in Nigeria having it’s life of independence, from
the governors of the state or president of Nigeria.
Areas being the third tier of government, elections, and running,
suspension/removal, of the elected Chairman of a local government is vested in
the legislative arm of the local government council. And not the Governor or
the House of Assembly of the state.
plethora of decided case in Nigeria amongst which are HON. OSARO OBAZEE VS GOV,
EDO STATE & 2 ORS, which landmark judgement was given by Justice E.E.
IKPOBMWEN of the High Court sitting in Benin City on the 14th April,2016 and
more recently by supreme Court in a landmark judgement delivered on the 11th of
December, 2019 in RE: GOVERNOR, EKITI STATE VS PRINCE SANMI OLUBUNMO & ORS wherein
the court held inter alia, per. OLUBOLADE JOE, JSC, ‘The act giving legislative
powers to the state assembly and governors to undertake process of sacking
elected local government chairmen is null and void…”
provision and case laws, the act of Governor Nyesom Wike purporting to sack or
suspend the duo chairmen is a gross usurpation of powers, an exercise in
futility, gross violation of laws, null and void that should be rescinded to
empowering the Governor or House of Assembly to do otherwise is running
contrary to the 1999 constitution and to that extent UNCONSTITUTIONAL. Even
though, the constitution empowers the State Assembly to make certain law in the
administration of the Local Government, such a law must not CONFLICT with the
express provision of the constitution.”