Legal Opinion On The Purported Removal Of The Bekwarra Local Government Chairlady By The Cross River State House Of Assembly -By Odey-Agba Itite Emmanuel

1.0 INTRODUCTION

This Legal Opinion examines the legality of the purported removal of the elected Chairlady of Bekwarra Local Government Area of Cross River State by the Cross River State House of Assembly. It considers the constitutional framework governing local government administration in Nigeria, the scope of powers conferred on State Houses of Assembly, and the proper procedure for the removal of elected local government chairpersons.

The central issue is whether the State House of Assembly possesses the lawful authority to remove an elected Local Government Chairperson and whether such action aligns with democratic principles and the will of the Bekwarra people.

2.0 FACTUAL BACKGROUND

Information available indicates that the State House of Assembly having only one member representing the entire Bekwarra people remove the duly elected Chairlady of Bekwarra Local Government Area. This action has been perceived as politically motivated and inconsistent with the democratic mandate given by the people.

3.0 ISSUE FOR DETERMINATION

Whether a State House of Assembly has the constitutional or statutory power to remove an elected Local Government Chairperson, and whether the purported removal of the Bekwarra Local Government Area Chairlady is valid under Nigerian law.

4.0 APPLICABLE LAW

The following legal instruments are relevant:

1. The 1999 Constitution of the Federal Republic of Nigeria (as amended)

2. The Local Government Law of the respective State

3. Judicial precedents, including:

The decision of the Court in Governor of Ekiti State & Ors v. Olubunmo & Ors (2021), A.G. Plateau State v. Goyol (2007) 16 NWLR (Pt. 1059) 57, Eze v. Governor of Abia State (2014) 14 NWLR (Pt. 1426) 192 and plethora of cases.

4. The principle of local government autonomy

5.0 ANALYSIS

5.1 Constitutional Autonomy of Local Government

Section 7(1) of the 1999 Constitution guarantees democratically elected local government councils. This provision affirmatively recognizes local government as a tier of government that must function through elected officials whose tenure and removal must follow due process.

Any interference that undermines this provision is undemocratic, unconstitutional and undermines the doctrine of seperation of powers eshrined in section 4, 5, 6 of the 1999 Constitution of the Federal Republic of Nigera, as amended.

5.2 Powers of the State House of Assembly

The State House of Assembly is empowered under Section 7(1) and Item 1 of the Fourth Schedule to enact laws for the administration of local governments. However, this legislative power does not extend to the removal of elected local government chairpersons.

The judiciary has repeatedly emphasized that the State House of Assembly cannot remove local government officials.

To buttres my assertion:

In Eze v. Governor of Abia State (2014), the Supreme Court held that state governments lack the power to dissolve or remove elected local government officials outside constitutional procedures.

Similarly, in A.G. Plateau State v. Goyol, the Court of Appeal declared that any attempt by a state government or legislature to suspend or remove elected local government officials is illegal and void.

The Supreme Court in Governor of Ekiti State v. Olubunmo reaffirmed that elected local government officials cannot be removed except through the procedure laid out in the enabling Local Government Law.

5.3 Proper Procedure for Removal of a Local Government Chairperson

The Local Government Law of most states, in conformity with constitutional principles, provides that:

1. Allegations must originate from the Local Government Legislative Council, not the State Assembly.

2. The Chairperson must be given notice and fair hearing.

3. An investigative panel may be constituted by the local legislature.

4. Removal requires a two-thirds majority of the Local Legislative Council.

This procedure reflects democratic decentralization and prevents external political interference.

Consequently, any removal carried out by the State House of Assembly without initiating and concluding the above process by the Local Legislative Council is unlawful, unconstitutional, and void ab initio.

5.4 Democratic Representation of Bekwarra People

Allowing the State House of Assembly, where only one member represents Bekwarra, to determine the fate of an elected Chairlady is not only politically overreaching, it subverts the democratic will of the people of Bekwarra.

The democratic mandate was given through an election conducted at the local level. It cannot be overturned by political actors outside the local government without due process.

6.0 CONCLUSION

Based on the Constitution, applicable laws, and judicial authorities, the State House of Assembly lacks legal authority to remove an elected Local Government Chairperson. Any such removal is:

Ultra vires the powers of the Assembly

Unconstitutional under Section 7(1)

Void ab initio in light of Supreme Court jurisprudence

An affront to democratic norms and the will of the Bekwarra people

If the Bekwarra people or their Local Legislative Council believe that the Chairlady should be removed, the law provides a clear and valid procedure. Any deviation renders the process illegal.

7.0 RECOMMENDATION

1. The Chairlady should challenge the purported removal in court and seek:

A declaration that her removal is unconstitutional and void.

An order reinstating her to office.

2. A restraining order should be sought to prevent further unlawful interference.

3. The Local Legislative Council should be reminded of its constitutional duties regarding oversight and removal procedures.

Any attempt to remove the Chairlady by the State House of Assembly will amount to the State House of Assembly acting Ultra vires,  Unconstitutionally, undermining democratic Principles, the peoples electoral mandate and the doctrine of separation of powers.

Odey-Agba Itite Emmanuel, Esq. 

Lecturer, Department of Law,

School of General Studies,

The Federal Polytechnic Nasarawa.

talk2itite@yahoo.com