A former commissioner for information in Edo State, Kassim Afegbua, has faulted the remark credited to the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), on the suspension of local council chairmen in the state.
The Edo State House of Assembly had during the week suspended the chairmen and vice chairmen of 18 local government areas of the state for alleged insubordination and gross misconduct.
However, the AGF in a chat with journalists a few days later said the Assembly lacked powers to remove the local council chairmen from office.
He stressed that only the legislative arm of the local government could sack or suspend the chairmen.
Afegbua, in a statement on Saturday in Benin, pointed out that Edo State Local Government Law, 2000 allowed the Assembly to address misconduct by any officials at the third tier of government.
He argued that the Supreme Court’s judgment on local government autonomy does not override the Assembly’s powers to regulate local government administration.
He said the law enacted by the Assembly empowered the governor and the Assembly to act against erring chairmen.
Afegbua said: “The contention that it is only the Legislative arm of the LG that can check the council’s financial recklessness is nebulous and therefore unconvincing.
“Those who try to equate the relationship between the FG and a state government with that which exists between the state government and a Local government are merely engaging in mischief.
“Following concerns over their activities, the Assembly debated and voted to suspend the chairmen for two months to facilitate investigations.”
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The former commissioner disagreed with the AGF for using the term “removal,” saying the chairmen were only suspended to allow for an administrative inquiry.
“AGF sir, the chairmen have not been removed, but suspended. In line with the law, the suspension is to last for two months in the first instance.
“Whilst the investigation into their financial activities by the administrative panel of Inquiry subsists.
“It is misleading, therefore, for the AGF to rush to town without taking judicial notice of the rationale for this decision as well as the raison d’etre for the action, in the first place.
“What we have done in Edo State does not offend the verdict of the Supreme Court to financial autonomy. The law is what it is; factual, evidential, and instructive,” he stated.
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