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Supreme Court Give Decision on the Numbers of Years to Serve by Local Government Chairman and Councillors

Published by Tope Fakinlede on August 11th, 2024.

Supreme Court Give Decision on the Numbers of Years to Serve by Local Government Chairman and Councillors

In a significant decision regarding local government autonomy, the Supreme Court of Nigeria has ruled that the four-year tenure currently afforded to executive positions must also apply to all local government chairmen across the nation.

The ruling, delivered by Justice Mohammed Garba and six other justices on May 11, 2024, was outlined in the Certified True Copy (CTC) of the judgment.

Justice Garba noted that numerous states have undermined the local government councils’ ability to exercise their constitutional functions due to various unlawful practices, leaving many councils unable to perform their duties effectively.

He criticized the current state of local government administration, likening it to “one tier of government’s inhumanity to another tier of government.”

Justice Garba emphasized that local government areas (LGAs) are constitutionally recognized as the third tier of government in Nigeria, distinct from branches of incorporated entities. Their political and financial autonomy is protected by the 1999 Constitution (as amended).

He pointed out that Section 2(2) of the Constitution establishes Nigeria as a Federation comprising states and the Federal Capital Territory, while Section 3(1) enumerates the 36 states. Furthermore, Section 3(6) stipulates that there shall be 768 local government areas in the country. Section 1(2) mandates that Nigeria and its subdivisions must be governed according to the Constitution.

For the six Area Councils in the Federal Capital Territory, Abuja, the National Assembly has established specific legislative frameworks. Sections 108, 109, 110, and 113 of the Electoral Act (2022) address various aspects of council management, including tenure, seat vacancies, and elections, which are conducted by the Independent National Electoral Commission (INEC).

Justice Garba lamented that some states neglect to conduct elections for local government councils as legally required by their respective Houses of Assembly. He referenced Section 135(3) of the Constitution, which allows the extension of the presidential term for up to six months under certain conditions, and analogously, state laws may extend local government tenures under exceptional circumstances such as insecurity or conflict.

The Justice asserted that any truncation of a local government council’s tenure is an unlawful disruption of the electorate’s mandate and should be condemned. He affirmed the separation of powers, underscoring that it is the Legislature’s role to make laws and the judiciary’s role to interpret them to fulfill legislative intent.