…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.