Supreme Court Clears Air on Tenure of Local Government Chairmen, Councilors

The Certified True Copy (CTC) of the Supreme Court judgment regarding local government autonomy in Nigeria has shed light on the tenure of local government chairmen and councilors across the country.

The judgment, which was delivered by Justice Mohammed Garba and six other justices on May 11, 2024, was only recently made public.

This ruling establishes that local government chairmen and councilors are entitled to a four-year tenure, aligning with the tenure of executives at other levels of government.

This clarification has important consequences for local governance in Nigeria, particularly in ensuring the autonomy of local governments.

The Supreme Court said that local government areas (LGAs) are constitutionally recognized as the third tier of government, with guaranteed political and financial independence.

Nigeria’s Constitution provides for 768 local government areas, where elections should be held regularly and without delay.

The court highlighted the issue of some states neglecting their responsibility to conduct elections for local government councils, which is a legal obligation under the relevant laws of their Houses of Assembly.

It was noted that while the Constitution allows for the extension of tenure in certain circumstances, such as insecurity or war, this should not be abused to undermine the democratic process.

The judgment revealed that the mandate given to elected local government councils by the electorate should be respected and protected.

Any attempt to prematurely end the tenure of these councils without due process is a violation of the people’s mandate and goes against democratic principles.

The Supreme Court also reinforced the doctrine of separation of powers, clarifying that it is the role of the Legislature to create and amend laws, while the judiciary’s function is to interpret these laws to fulfill the intent of the legislation.

– News Digest

Source: loyalnigerialawyer