Babatunji Wusu –
The contentious Local Government Law amendment put up by the Martins Amaewhule faction of the Rivers State House of Assembly has been declared unconstitutional by the Rivers State High Court.
The case PHC/1320/CS/2024, which contested the legality of local government chairmen’s tenure extensions beyond their designated terms, resulted in the court’s ruling.
The court, presided over by Justice D.G. Kio, found that Section 9(1) of the Rivers State Local Government Law No. 5 of 2018 and the 1999 Nigerian Constitution were in conflict with the amended Local Government Law No. 2 of 2024, which sought to extend the term of local government chairmen for an extra six months.
The court upheld the Rivers State Local Government Law No. 5 of 2018’s tight three-year term restriction for local government chairman and council members, ruling that any attempt to change this term by later revisions would be illegal and an abuse of authority.
For Enyiada Cookey-Gam and the other six petitioners who challenged the attempt by the legislature to unjustly extend the terms of local government officials, this decision represents a major win.
Their triumph in court serves as more evidence of the Constitution’s and state laws’ supremacy over any amendments deemed to be unconstitutional.
Constitutional governance proponents have applauded the court’s ruling, seeing it as a vital step in preserving democratic standards and guaranteeing that elected officials respect the terms of office.