Threat to Democracy: Plan To Repeal Edo House Of Assembly, Judicial Autonomy Law And Violation Of Local Government Autonomy

BY DONALD INWALOMHE

Senator Monday Okpebholo’s, plan to repeal laws granting financial autonomy to the legislative and judicial arms of government in Edo state is a threat to democracy in Nigeria. Some other state governors will soon emulate Governor Monday Okpebholo.

The proposed amendment is a threat to the principles of separation of powers and the independence of democratic institutions. The proposed request by the Edo State Government to the State House of Assembly to repeal the laws granting autonomy to the judiciary and legislature is a cause for concern.
Amendment bill has been sent to the State House of Assembly to repeal or amend the Edo State House of Assembly and Judiciary Autonomy law in Edo State. The plan to repeal State House of Assembly and Judiciary Autonomy Law is unpopular, inconceivable, and anti-constitution of the Federal Republic of Nigeria. The development is a dangerous setback to the struggle for financial and administrative autonomy of the legislature and judiciary in country.

In December 2024, the Edo State House of Assembly suspended all 18 local government chairmen over alleged gross misconduct and failure to submit financial reports.

Legal Challenges: State courts, including rulings by the Edo State Chief Judge and a State High Court, declared the suspensions and relevant state laws used to dissolve elected councils unconstitutional, ordering the reinstatement of the chairmen.

Executive Defiance: The Edo State Government pushed ahead with the suspensions, claiming state oversight powers allow them to probe and discipline local leaders despite broader financial and political autonomy trends.

The AGF Position: The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, declared the suspension illegal and unconstitutional, emphasizing that state assemblies lack the power to remove democratically elected local officials.

Supreme Court Context: The conflict directly challenges the spirit of the landmark Supreme Court ruling affirming financial and political autonomy for Nigeria’s 774 local government areas.

State Control Defense: Officials and legal representatives for the Edo State Government argue that local governments remain under state constitutional oversight (Section 7 of the Nigerian Constitution) and that oversight does not equal a total forfeiture of state check-and-balance power

Governor Okpebholo is the only governor in Nigeria that subterfuge attempts to undermine the autonomy of the legislature, local government and judiciary in the State, and by extension, our present democracy would be repressed by the collective will of the people.

Any Bill seeking to amend or ticker with the autonomy law that would compromise the independence of the Judiciary and Legislature must be resisted because if not checked, the control of the purse and personnel of the judiciary and legislature by the executive is antithetical to judicial and legislative impartiality in the State.

The judiciary’s financial autonomy and the house of assembly’s funds management laws, which came into effect in 2023, guarantee direct fiscal independence for the two arms of government.

The law made provisions for each of them to have financial autonomy. Two years ago, the Assembly passed a law granting autonomy to the other arms of the government. The plan to remove autonomy is not in the interest of the state, it is not interest of development.

The implications are obvious. We are going back to the time of hardship, a time of mistrust. We are witnesses as to the benefit the autonomy has afforded these two institutions and we want to sustain it.

Last year, the judiciary was given about N6bn by way of appropriation but this year, it was slashed to N300m which is far less. The judiciary is expected to go to the Executive for money all the time. Stakeholders have a say on whether it should be done.”

Meanwhile, shortly before the lawmakers began plenary at about 4:30pm, the Speaker informed the agitated workers that the laws were to be amended and not to be repealed.

Checks on the Order Paper showed two items read, “A bill to repeal the Edo State Judiciary Financial Autonomy Law, 2023 and a bill to repeal the Edo State House of Assembly Funds Management Law, 2023.”

The suspension of 18 local government chairmen and vice-chairmen in Edo State by Governor Monday Okpebholo and the State House of Assembly in December 2024 sparked a major constitutional crisis. Critics, court rulings, and the Federal Government condemned the action as a direct violation of local government autonomy. I have been a prominent critic of the handling of local government administration in Edo State. I have published sharp commentaries—such as opinion pieces in outlets arguing that the state administration’s suspension of elected local council chairmen violates the landmark July 2024 Supreme Court ruling on local government financial autonomy.

Disregard for Supreme Court Rulings: I contend that the suspension of the 18 elected local government chairmen in Edo State and the installation of caretaker or acting supervisors run directly contrary to the apex court’s clear stance against arbitrary dissolution of elected councils.

Defiance of Court Orders: I have repeatedly pointed out that despite local council chairmen securing favorable judgments to stay in office, the state government has allegedly ignored judicial directives.

Security and Governance Vacuum: I have linked the breakdown of local administration and the absence of functioning executives at the grassroots to rising security concerns and lawlessness within Edo State’s rural areas.
Call for Federal Intervention: I have publicly urged federal authorities, including the Attorney General of the Federation, to take decisive legal action against sub-national interference to protect true federalism and grassroots democracy.

Inwalomhe Donald writes via inwalomhe.donald@yahoo.com