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Supreme Court orders LGA chairmen can enjoy 4-year tenure like executives
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…also state assemblies can extend tenure of LG chairmen
The apex court in Nigeria, Supreme Court has ordered that the four-year tenure enjoyed by Executives be extended to the office of all Local Government Chairmen across the country.
This is contained in the Certified-True-Copy (CTC) of a judgment delivered by Justice Mohammed Garba and six others on May 11, 2024.
Garba said that some states have, by their various illegal actions, starved the local government councils in their states to the extent that most of them cannot exercise their constitutional powers or perform their statutory functions.
The Justice described situation of LGA in the country as “one tier of government’s inhumanity to another tier of government.”
Garba said that LGA in Nigeria, unlike branches of incorporated bodies or entities, are constitutionally the third tier of government of the Federation.
According to him, their political and financial independence are duly guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended.
The Justice said that Section 2(2) of the Constitution provides that “Nigeria shall be a Federation consisting of States and a Federal Capital Territory”.
He further stated that 36 sates in the country are specified, in an alphabetical order, by section 3(1) of the Constitution.
He said that section 3(6) of the Constitution, provides that “there shall be 768 local government areas in Nigeria “ while Section 1(2) of the Constitution provided that “Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution”.
The Justice, however, said that in respect of six Area Councils of the Federal Capital Territory, Abuja, there is a template legislation by the National Assembly.
He said that by way of sections 108, 109, 110 and 113 of the Electoral Act, (2022) the dissolution (tenure of Area Councils), vacation of seat of members, removal of Chairman/Vice Chairman, recall; etc was addressed.
And elections into the area councils are promptly conducted or held by the Independent National Electoral Commission.
“It is, therefore, unfortunate that some states do not even bother about conducting elections into local government councils as required by the relevant laws of their Houses of Assembly.
“Under section 135 (3) of the Constitution, the tenure of four years for the president, provided for by section 135(2) thereof, shall be extended, for periods not exceeding a period of six months at any time by a resolution of the National Assembly, if it is not practicable to hold elections.
“By the same token, by a law of a State House of Assembly the tenure of local government councils can be legally extended, for any reason, such as insecurity or war, if it becomes impracticable or impossible for elections into the local government councils to be conducted.
“The mandate given to an elected local government council is the mandate of the electorate of that local government area and if the tenure is extended, it is the people’s mandate that is extended.
“If the tenure of a local government council is truncated, as it is the norm now, it is an illegal termination of the electorate’s mandate and it is not to be encouraged but roundly condemned.
“By the doctrine of separation of powers, it is the constitutional duty or function of the Legislature to make laws, which includes amendments and repeals; and the duty of the judiciary is to interpret the laws to achieve the
intendment of the legislation,” he said.
News
ISWAP commanders reportedly clash, many feared dead
Some Islamic State West Africa Province, ISWAP, fighters in the Timbuktu Triangle, have reportedly been killed after rival commanders turned their weapons on each other over a disagreement on a planned attack.
A counter-terrorism expert, Zagazola Makama disclosed this in a post on X.
Zagazola said the clash occurred after a heated dispute between senior field commanders over the conduct of an operation that had been scheduled for the previous night.
He revealed that one of the commanders, identified simply as Abu Ali, reportedly refused to allow fighters under his control to participate in the planned attack.
Ali’s decision was said to have angered another senior commander, who accused him of deliberately frustrating the operation and questioned his loyalty to the group.
According to Zagazola, the dispute was not an isolated disagreement but the culmination of weeks of rising tension among commanders over operational decisions, dwindling resources and the management of logistics inside the enclave.
It was gathered that the refusal to approve the planned attack merely exposed deeper grievances that had been building within the organisation, with rival commanders increasingly competing for influence, manpower and control of supplies.
The Timbuktu Triangle has for years remained one of ISWAP’s principal operational bases, serving as a sanctuary for commanders, training camps and logistics hubs from where attacks are coordinated across parts of the Lake Chad Basin.
News
NSCDC Intercepts 45,000L Of Suspected Illegal Ethanol, Nabs Three In Akwa Ibom
The Nigeria Security and Civil Defence Corps (NSCDC), Akwa Ibom State Command, has arrested three suspects and impounded a tanker loaded with 45,000 litres of ethanol suspected to have been illegally acquired.
The State Commandant, Mrs. Geraldine Abetianbe, disclosed this while briefing journalists in Uyo.
She said the arrest and seizure were carried out on Tuesday at about 1:00 p.m. by operatives of the command acting on credible intelligence at Ikot Umo Essien, along Aba Road, in Essien Udim Local Government Area.
”On June 23, at about 1300hrs, our operatives acting on credible intelligence intercepted a petroleum tanker at Ikot Umo Essien, along Aba Road, in Essien Udim Local Government Area of Akwa Ibom State.
“The tanker, with a capacity of 45,000 litres, was laden with a product suspected to be ethanol acquired illegally.
“Three suspects were arrested at the scene in connection with the act,” Abetianbe said.
The commandant explained that the arrest of the suspects and seizure of the tanker were based on reasonable suspicion of the illegal acquisition and transportation of petroleum products in the state.
She said the suspects presented a waybill during interrogation, but the document immediately raised suspicion due to several discrepancies. She added that further investigations and inquiries to verify the authenticity of the declared point of loading yielded negative results.
“This confirmed our suspicion that the product was not sourced through legitimate channels.
“Through synergy, mutual respect, and timely information sharing, we recorded this success,” she said.
Abetianbe warned criminals against engaging in the illegal trade of petroleum products, describing such activities as not only criminal but also a form of economic sabotage that deprives the government of revenue, endangers lives through adulteration and explosions, and undermines national security.
She vowed that the NSCDC, as the lead agency responsible for the protection of critical national assets and infrastructure, would not relent in carrying out its mandate.
“We shall continue to go after vandals, illegal bunkerers, product adulterators, and all those who engage in diversion and illegal transportation of petroleum products,” she said.
News
Tension as ISIS releases video of top military grade weapons captured in Niger
A video allegedly released by the Islamic State, ISIS, following an attack on a Nigerien military base in Inates has surfaced online, allegedly showing a cache of military-grade weapons seized during the raid.
In a sighted video which has circulated on social media, appears to show heavy weapons, including artillery rockets, machine guns and anti-aircraft guns, reportedly captured from the military installation.
The footage was shared on Sunday by Bakatsine, a journalist known for reporting on conflict and insecurity in Nigeria’s North-West region.
The authenticity of the video and the exact quantity of weapons displayed have not been independently verified.
Bakatsine said that the development has raised fresh concerns over the growing capabilities of terrorist groups operating across the Sahel, where jihadist organisations have intensified attacks against military targets in recent years.
Security analysts have repeatedly warned that weapons captured during such attacks can significantly strengthen insurgent groups and fuel further instability across the region.
According to the report, although there is no evidence that the weapons shown in the video have been moved into Nigeria, experts have long warned that the porous border between Niger and northern Nigeria allows the movement of fighters, weapons and logistics.
Bakatsine warned that terrorist groups operating across the Sahel and the Lake Chad Basin are also known to maintain operational and logistical links, increasing concerns about the potential regional impact of such seizures.
The attack on the Inates military base underscores the persistent security challenges facing countries in the Sahel, including Niger, Mali and Burkina Faso, where extremist groups continue to target military installations.
The incident has renewed calls for stronger intelligence gathering, improved border security and closer regional cooperation to prevent terrorist groups from acquiring additional military hardware.
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