Opposition federal lawmakers in the House of Representatives known as the G60 has described as a welcome development a judgement of the Rivers State High Court voiding tenure extension for local government chairmen and councillors in the State.
On Tuesday, the Rivers High Court sitting in Port Harcourt voided the tenure extension for local government councils in the state.
This was as the court declared Local Government Law No. 2 of 2024, which extended the tenure of local government chairmen by six months after expiration of their tenure, invalid.
Recall that the 27 lawmakers loyal to the Minister of Federal Capital Territory (FCT), Chief Nyesom Wike, had in the face of a political crisis in the State, enacted a law extending the three-year tenure of the current LGA chairmen by three months.
However, the court, in its decision on Tuesday, held that the new law was inconsistent with the 1999 constitution and Section 9(1) of Rivers State Law No. 5 of 2018, which fixed three years for local government chairmen and councillors.
The court gave the ruling that the recent extension of local government chairmen’s tenures was invalid in suit number PHC/1320/CS/2024, a case instituted by Hon. Enyiada Cookey-Gam & 6 Ors versus the Governor of Rivers State & Ors.
In his judgment, Hon. Justice D.G. Kio declared that Local Government Law No. 2 of 2024, which sought to extend the Chairmen’s terms by six months, conflicts with the 1999 Constitution and Section 9(1) of Rivers State Local Government Law No. 5 of 2018.
The court affirmed that the lawful tenure for local government chairmen and councillors remained three years, as stipulated by the 2018 law, stressing that any attempt to extend the tenure was not only unlawful but also violated the officials’ oath of office.
Reacting to the court judgement, the spokesperson of the federal lawmakers, Hon. Ikenga Imo Ugochinyere, described it as victory for democracy and end to legislative impersonation in the State.
He, therefore, called on the chairman of Independent National Electoral Commission (INEC) to immediately conduct bye-election for the replacement of the 27 lawmakers who defected from the PDP to the APC in breach of the provisions of the Electoral Act and 1999 Constitution (as amended).
Ugochinyere said, “Like we said few weeks back, the plan for tenure elongation of the Rivers State Local Government Chairmen is “legislative rascality and a coup against democracy that is dead on arrival.” Illegally extending the tenure of Local Government Chairmen just a few weeks to the expiration of their tenure is an abuse of the legislative process that cannot be enforced. It is the height of legislative rascality and a coup against democracy that is dead on arrival.
“These Rivers Assembly men truly acted like people who do not hold the sacred mandate of the people. But we commend the judiciary for saving democracy. We call on the Chairman of Independent National Electoral Commission to immediately conduct bye-election for the replacement of the lawmakers who defected from the PDP to the APC in breach of the provisions of the Electoral Act and 1999 Constitution (as amended).”
