JUSTICE D. G. Kio of a Rivers State High Court sitting in Port Harcourt has declared the Local Government Law No.2 Of 2024 which extended the tenure of local government chairmen and councillors by six months after the expiration of their tenure as invalid.
The court held that the law is 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.
In suit number PHC/1320/CS/2024, a case instituted by Enyiada Cookey-Gam & 6 Ors vs. The Governor of Rivers State & Ors, the court held that the lawful tenure for local government chairmen and councillors remained three years as stipulated by the 2018 law, saying any attempt to extend the tenure is unlawful, and violates the officials’ oath of office.
Eighteen-Eleven Media reports that the Martin Amaewhule-led Rivers State House of Assembly had, following the expiration of the tenure of the 23 local government chairmen and councillors, extended their tenure by another six months. However, the governor, Sir Sim Fubara was vetoed following his refusal to append his signature to the law.
The attempt to extend the tenure of council chairman and councillors through the enactment of Local Government Law No. 2 of 2024 was deemed unlawful and contrary to their oath of office.
The ruling marks a victory for Enyiada Cookey-Gam and six others who challenged the extension, asserting the primacy of constitutional principles in governance.
Eighteen-Eleven Media