Monumental Constitutional Victory: Reinstatement of Edo State Local Government Chairmen
Hon. Suleman Tajudeen Alade & Anor v. Rt. Hon. Alabi Bliss Oshionogue & Ors and several consolidated matters represent a watershed moment in the history of local government administration in Nigeria. These victories centered on the fierce defense of democratically elected officials against a wave of illegal, 'Gestapo-style' impeachments that swept across Edo State in early 2025.
This legal battle demonstrates our firm's unwavering commitment to upholding the sanctity of the Constitution and protecting the mandate of elected officials against arbitrary removal. Political expediency cannot override statutory procedures.
The Subject Matter
The dispute arose from a coordinated attempt to remove the democratically elected Chairmen and Vice Chairmen of Akoko-Edo, Etsako Central, Etsako West, Oredo, and several other Local Government Councils. In what the Courts described as a 'sham and a rape on democracy', legislative councils in these areas purported to impeach our clients without adhering to the strict procedures outlined in Section 19 of the Edo State Local Government Law 2000 (as amended 2002).
Fundamental Breaches
Our clients challenged these removals, which were characterized by gross irregularities: Lack of Notice, where impeachment notices were often not served at all or served after the fact; 'Phantom' Proceedings, where in cases like Etsako Central, the same individual acted as accuser, scribe, investigator, and jury; and the Violation of Fair Hearing, as no investigative panels were constituted to hear allegations, denying our clients their constitutional right to defense.
Overcoming Legal Hurdles
The opposition argued that Section 19(10) of the Edo State Local Government Law contained an 'ouster clause' prohibiting courts from questioning impeachment proceedings. We successfully countered this, submitting that ouster clauses cannot protect proceedings that violate the fundamental right to fair hearing. Justice O.A. Otamere noted that the Court 'will not close its eyes to serious injustice relating to the manner an impeachment procedure is being carried out.'
A Sweeping Victory
We secured emphatic victories across multiple Judicial Divisions including Igarra, Fugar, Auchi, and Benin. The Courts declared the removals null and void, ordered immediate reinstatement, and awarded substantial costs. In Etsako West, the Court even ordered the Inspector General of Police to provide security for our clients' resumption, describing the entire process as a 'sham'.
LGAs with Delivered Judgments
Our firm successfully prosecuted and secured judgments for the following LGAs: 1. Oredo (B/29os/2025), 2. Okada (B/17os/2025), 3. Ikpoba Okha (B/18os/2025), 4. Uhumwode (B/27os/2025), 5. Orhionmwon (B/16os/2025), 6. Akoko Edo (B/30os/2025), 7. Etsako East (B/20os/2025), 8. Etsako Central (HFU/4/2025), and 9. Etsako West (HAU/32os/2025).
Court Documents
Author
Neplus Ultra Attorneys
Publisher
Neplus Ultra Attorneys is a 21st century fully integrated law firm in Nigeria with offices in Abuja and Benin City. We provide top quality legal services across all areas of law.
