JUST IN: THE SUPREME COURT CLARIFIES TENURE OF LG CHAIRMEN, COUNCILLORS
The Supreme Court’s Certified True Copy (CTC) has provided clarity regarding the duration of service for local government chairmen and councillors throughout Nigeria.
The judgment, which was delivered by Justice Mohammed Garba and six other justices on May 11, 2024, recently had its Certified True Copy (CTC) made available to the public.
According to the CTC, local government chairmen and councillors are entitled to serve for four years, paralleling the terms of state and federal government executives.
The ruling reaffirmed that local government areas are constitutionally recognized as the third tier of government, with both political and financial autonomy guaranteed. The Constitution designates 768 local government areas across Nigeria, with a requirement for regular elections.
“It is regrettable that some states neglect to hold elections for local government councils as mandated by their respective Houses of Assembly.
“Under Section 135(3) of the Constitution, the president’s four-year tenure, as outlined in Section 135(2), can be extended by up to six months by a resolution of the National Assembly if elections cannot be conducted.
“Similarly, a State House of Assembly may legally extend the tenure of local government councils for reasons such as insecurity or war if it is impractical or impossible to hold elections.
“The mandate given to an elected local government council belongs to the people of that area, and if the term is extended, it is their mandate that is extended.
“If the tenure of a local government council is cut short, as is often the case now, it constitutes an unlawful termination of the people’s mandate and should be condemned.
“According to the doctrine of separation of powers, the Legislature’s constitutional role is to create laws, including amendments and repeals, while the judiciary’s duty is to interpret these laws to fulfill their intended purpose,” stated Justice Garba.
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