G60 lawmakers: Nullification of tenure extension in Rivers LGA victory for democracy

Opposition federal lawmakers in the house of representatives known as the G-60 has described as a welcome development the court judgement voiding tenure extension for Rivers state LGA chairmen.

On Tuesday, a Rivers high court sitting in Port Harcourt voided the tenure extension for local government chairmen 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 6 months after expiration of their tenure invalid.

The 27 lawmakers in the camp of the minister of federal capital territory, Nyesom Wike, had this year, in the face of the crisis, enacted a law extending the three-year tenure of the serving LGA chairmen by three months.

However, the court, in its decision 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 3 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 Enyiada Cookey-Gam & 6 Ors vs. The Governor of Rivers State & Ors.

In his judgment, 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 lawmakers, Ikenga Ugochinyere described it as victory for democracy and to legislative impersonation.

“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,” Ugochinyere said.

“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).”