Mohammed Shosanya
A Rivers State High Court sitting in Port Harcourt has declared as unconstitutional the amended Local Government Law No. 2 of 2024,which extends the tenures of local government chairmen and councilors by an additional six months after the expiration of their stipulated three years.
Justice D. G. Kio, also struck out a suit marked PHC/1320/CS/2024, instituted by Hon. Enyiada Cookey-Gam & 6 Ors against the Governor of Rivers State & others, which sought the court’s interpretation of the amended state law.
Delivering judgment, Justice D. G. Kio declared that the amended law was inconsistent with the provisions of the 1999 constitution and section 9 (1) of Rivers State Law No 5 of 2018.
The court also affirmed that the lawful tenure for Local Government Chairmen and Councilors remained three years, as stipulated by the Rivers State Law No 5 of 2018 and the 1999 constitution and section 9 (1) , stressing that any attempt to extend the tenures was not only unlawful, but also violated their officials’ oath of office.
A faction of the state assembly, led by Rt. Hon. Martin Amaewhule, said to be pro-Wike in March 2024,had passed the local government amendment bill into law despite the refusal of the Governor, Sir Siminalayi Fubara to give his assent.
The lawmakers said the aim of the amendment was to ensure that LGA elections are conducted before the expiration of the outgoing administration.
