A Federal High Court in Abuja on Monday directed Governor Monday Okpebholo of Edo State, the State House of Assembly, and other parties involved in a lawsuit filed by the 18 suspended local government chairmen to maintain the status quo.
In his ruling, Justice Emeka Nwite issued the order after Anderson Asemota, counsel for the plaintiffs, moved an ex-parte motion to that effect.
Asemota informed the court that the plaintiffs, who are the suspended local government chairmen, had been removed by the State House of Assembly, and the resolution was subsequently transmitted to Governor Okpebholo for action.
The lawyer explained that the motion sought an order to maintain the status quo as of December 15, 2024, following the Supreme Court’s July 2024 ruling, which held that state governors do not have the authority to suspend elected local government chairmen.
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Asemota further argued that the suspension arose from a disagreement between the local government chairmen and the governor over the operation of a joint account, which violated the Supreme Court’s decision.
He emphasized that the plaintiffs had come to court to seek a legal remedy rather than resorting to self-help.
The lawyer requested the court to issue an order preserving the situation as it stood on December 15, 2024, and to prevent the governor from enforcing the assembly’s suspension resolution.
“Extreme urgency is required my lord,” he said.
He informed the court that the order suspending the 18 chairmen was issued on December 17, 2024.
The lawyer noted that the motion included several key documents: the Supreme Court judgment, the Edo State High Court order that restrained the defendants from proceeding with the action, and an interview given by the Attorney-General of the Federation (AGF), Lateef Fagbemi, SAN, concerning the suspension.
Asemota, referencing Section 2(1) of the Constitution, which grants the court the authority to issue such an order, requested that the court grant their reliefs.
Justice Nwite, who said extreme carefulness needed to be exercise in granting the reliefs, said: “I will only make order for parties to maintain a status quo pending the hearing and the determination of the substantive suit.”
Ruling, the judge said: “After listening to counsel to the applicants and gone through the affidavit evidence including the written address, I hereby make an order that parties should maintain a status quo pending the hearing and determination of the motion on notice.”
The matter was adjourned to January 20 for the hearing of the substantive suit.
The 18 aggrieved Local Government (LG) chairmen and the Peoples Democratic Party (PDP) had filed an ex-parte motion, marked: FHC/ABJ/CS/1952/V/2024.
Dated December 20, 2024, and filed on December 24, 2024, the motion was brought against the Speaker of the Edo State House of Assembly, the Edo State House of Assembly, the Executive Governor of Edo State, and the Government of Edo State, listed as the 1st to 4th defendants.
The suit also named the Attorney-General and Commissioner for Justice of Edo State, the Attorney-General of the Federation, and the Inspector-General of Police as the 5th to 7th defendants, respectively.
The plaintiffs sought an interim injunction compelling the 1st to 5th defendants, along with their agents, servants, privies, and anyone acting on their behalf, to maintain the status quo as it was on December 15, 2024, pending the determination of the substantive suit.
Additionally, they sought an injunction restraining the 3rd to 5th defendants and their agents from further acting on the resolution of the Edo State House of Assembly, which had suspended the plaintiffs and their deputies, until the substantive suit is heard and determined.
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