Court Nullifies Rivers State LG Amendment Law
A High Court of Rivers State on Tuesday nullified the Local Government Law No. 2 of 2024, purporting to extend the tenure of Local Government Chairman for six months after the expiration of their tenure.
The Rivers State Local Government Law No. 2 of 2024 was enacted by the lawmakers loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike to extend the three-year tenure of office of Local Government chairmen and councilors by six months.
The present chairmen and Councilors of the Local Government Councils in the State were installed by Wike when he was governor of Rivers State.
Governor Sim Fubara refused to assent to the proposed law, but the lawmakers loyal to Wike, who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) met and overrode the veto of the State Governor.
The Court presided over by Justice D.G. Kio, held that the amendment was invalid as it was inconsistent with the 1999 Constitution (as amended) and Section 9(1) of the Rivers State Local Government law No. 5 of 2018.
The Court in suit No. PHC/1320/CS/2024 between Hon. Enyiada Cookey-Gam & 6 Ors vs The Governor of Rivers State & Ors also held that the applicable law in the circumstances is the Rivers State Local Government law No. 5 of 2018 that fixed three years tenure for Local Government Chairmen and Councillors and not the Local Government Law No 2 of 2024 which was enacted to unlawfully extend their tenure.
Justice Kio specifically held that such an extension by the Assembly members was contrary to their oath of office.
With the verdict of the Court, Governor Fubara now has a leeway to appoint Caretaker Committee Chairmen for the Local Government pending the conduct of election into the Third tier of Government.
