The Speaker,
Kogi State House of Assembly,
Hassan Katsina Street,
Kogi State House of Assembly Complex,
Lokoja, Kogi State.
Through:
Clerk, Kogi State House of Assembly.
Dear Sir,
THE SUSPENSION OF ELECTED CHAIRMAN OF IBAJI LOCAL GOVERNMENT COUNCIL, HON. UGEH EMMANUEL, AND DEMAND FOR IMMEDIATE REINSTATEMENT
We, the Ibaji Progressive Youth Foundation, on behalf of the concerned citizens and stakeholders of Ibaji Local Government Area, write to you today with a profound sense of disquiet and a fervent appeal concerning series of events that have transpired, specifically the purported suspension of our constitutionally elected Local Government Chairman, Hon. Ugeh Emmanuel, by this esteemed House.
It is with deep regret and a firm conviction that we must address an action that we believe runs contrary to the fundamental tenets of our nation’s Constitution, the established principles of democratic governance, and the clear pronouncements of our apex judicial authority, the Supreme Court of Nigeria.
On the 12th day of November, 2025, this Honourable House (Kogi State House of Assembly), in a move that has caused significant consternation within Our Community and beyond, declared the suspension of Hon. Ugeh Emmanuel, the democratically elected Chairman of Ibaji Local Government Area. The stated justification for this drastic measure was cited as “Gross Misconduct”. While we acknowledge the oversight responsibilities vested in the State House of Assembly, we must emphatically assert that the method employed in this instance lacks constitutional legitimacy and violates established legal procedures.
The very foundation of local government administration in Nigeria is rooted in its democratic election and the autonomy granted to it under the supreme law of the land. Section 7 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) unequivocally guarantees the establishment and functioning of a system of democratically elected local government councils. This section, along with the subsequent provisions and judicial interpretations, underscores that these elected officials are accountable to their electorate and operate within a framework that protects their electoral mandate from arbitrary interference by state-level legislative.
Contrary to the actions taken, the Constitution does not empower State Houses of Assembly with the unilateral authority to suspend or remove democratically elected Chairmen or Councillors of Local Government Councils. Such powers, if they exist or are to be exercised, must be clearly delineated within enabling laws and strictly adhere to the principles of due process, natural justice, and the rule of law. The Nigerian legal system, through numerous judicial pronouncements, has consistently reinforced this principle, safeguarding the autonomy of local governments.
Crucially, the Supreme Court of Nigeria has, on multiple occasions, delivered landmark judgments that unequivocally banned State Assemblies and State Governors from dissolving, suspending, or removing duly elected local government officials. These rulings are not mere opinions but binding precedents that affirm the constitutional status of elected local government officials and the illegitimacy of unconstitutional usurpation of their statutory and electoral rights. These judgments are designed to prevent the very scenario we are now witnessing: the subversion of democratic mandates through executive or legislative fiat that bypasses lawful procedures.
The correct and constitutionally sanctioned procedure for addressing allegations of gross misconduct against an elected local government official typically involves the legislative council of that local government itself. Depending on the gravity of the allegations and the specific provisions of the State’s Local Government Law, impeachment proceedings or similar disciplinary actions, initiated and conducted by the local government’s own legislative body, or an adjudication by a competent court of law, are the prescribed avenues. Direct intervention and suspension by the State House of Assembly, outside of these established legal frameworks, render such actions legally untenable, void ab initio, and a clear breach of constitutional order.
In the case of Hon. Ugeh Emmanuel, after the suspension on 12th November, 2025, this Honourable House announced the formation of a 5-man panel, headed by Hon. Prince Bode Ogunnmola, Member representing OGORI-MAGONGO, to investigate the alleged gross misconduct. We have now passed 3 (three) months and several weeks since this panel was reportedly constituted. Yet, to the dismay of the people of Ibaji Local Government Area and the general public, there has been a deafening silence from this panel. No report has been made public, no findings communicated, and no discernible progress has been communicated. This prolonged silence and inaction by an investigative body, coupled with the continued suspension of an elected official without any formal conclusion or adherence to due process, only serves to deepen our concerns and strengthen our conviction regarding the illegitimacy of the suspension.
The continued and indefinite suspension of our Chairman, without a clear and timely resolution from the constituted panel, or any subsequent lawful process, creates a governance vacuum and undermines the democratic will of the people of Ibaji. It fosters an environment of uncertainty and raises serious questions about the motivations and constitutional adherence of the process.
While we recognise the constitutional mandate of the Kogi State House of Assembly to exercise oversight functions over local government areas within the state, this oversight must be exercised within the confines of the Constitution and the rule of law. Oversight cannot be a pretext for bypassing constitutional autonomy or for the arbitrary removal of democratically elected officials. The State House of Assembly’s powers do not extend to acting as an executive or judicial body that can unilaterally suspend elected chairmen based on unsubstantiated claims or without following established legal procedures.
Therefore, in light of the constitutional provisions, the binding pronouncements of the Supreme Court, the principles of due process, and the prolonged silence of the investigative panel, we, the above Organization and the people of Ibaji Local Government Area, stand firm in Our Demand for the immediate rectification of this constitutional aberration. We demand the following:
- IMMEDIATE RELEASE OF THE PANEL REPORT: We demand the prompt and public release of the findings and report of the 5-man panel set up by this Honourable House to investigate the alleged misconduct of the Ibaji Local Government Chairman. Transparency is paramount, and the people of Ibaji have a right to know the specific allegations and the outcome of any investigation purportedly conducted under the authority of this House.
- IMMEDIATE REINSTATEMENT OF THE CHAIRMAN: Given that the Kogi State House of Assembly constitutionally lacks the power to suspend or remove an elected Local Government Chairman, and in the absence of any lawful process to justify the continued suspension, we demand the immediate and unconditional reinstatement of Hon. Ugeh Emmanuel as the Chairman of Ibaji Local Government Area. His mandate was granted by the people of Ibaji through democratic elections, and only a lawful process can curtail it.
- PAYMENT OF ALL ENTITLED REMUNERATION: We demand that all wages, salaries, allowances, and other forms of remuneration lawfully due to Hon. Ugeh Emmanuel for the entire period of his illegal suspension be paid to him without further delay. Public office holders are entitled to their legitimate earnings, and any period of unlawful absence from duty occasioned by an unconstitutional act should not result in financial prejudice.
- RESPECT FOR LOCAL GOVERNMENT LEGISLATURE’S AUTONOMY: We strongly urge this Honourable House to allow the legislative council of Ibaji Local Government to perform its constitutional duties. If any verified misconduct has occurred, the primary responsibility for initiating disciplinary proceedings, including suspension or removal, rests with the Local Government’s own legislative arm, in strict adherence to due process. State intervention must be reserved for situations explicitly provided for by law and exercised through constitutional channels, not as a direct disciplinary action bypassing the local legislative authority.
We believe that upholding the rule of law and the sanctity of democratic elections is crucial for the stability and progress of Kogi State. The actions taken must align with the supreme law of our land, not supersede it. We implore this Honourable House to reconsider its position, to act with haste and constitutional rectitude, and to restore the democratic mandate of the people of Ibaji.
We are confident that this esteemed House will give this urgent matter the critical attention it deserves, thereby upholding the integrity of democratic institutions and respecting the constitutional rights of the citizenry.
Yours faithfully,
Comrade Apeh Kelvin Abuchi
National President
Mr. Timothy Ojoma
General Secretary
Cc:
The Attorney General of the Federation
The Executive Governor of Kogi State
The Attorney General of Kogi State
The Chairman, Ibaji Traditional Council
Ukomu Igala Organization
Igala Cultural Development Association”,
