The Supreme Court judgment has clarified the tenure of local government chairmen and councillors in Nigeria, stating that they will serve a four-year term, similar to executives.
The judgment, delivered by Justice Mohammed Garba and six others on on May 11, 2024, emphasizes the importance of local government autonomy and independence.
The court stressed that local government areas are the third tier of government, with 768 areas in Nigeria, and elections should be conducted promptly, according to Politics Nigeria.
According to the judgment, state Houses of Assembly have the power to extend the tenure of local government councils, but only in exceptional circumstances such as insecurity or war.
The court also warned that truncating the tenure of a local government council is an illegal termination of the electorate’s mandate.
This clarification is expected to have significant implications for local governance in Nigeria, promoting democratic accountability and independence at the grassroots level.
“It is, therefore, unfortunate that some states do not even bother about conducting elections into local government councils as required by the relevant laws of their Houses of Assembly.
“Under Section 135(3) of the Constitution, the tenure of four years for the president, provided for by Section 135(2) thereof, shall be extended for periods not exceeding a period of six months at any time by a resolution of the National Assembly if it is not practicable to hold elections.
“By the same token, by a law of a State House of Assembly, the tenure of local government councils can be legally extended for any reason, such as insecurity or war, if it becomes impracticable or impossible for elections into the local government councils to be conducted.
“The mandate given to an elected local government council is the mandate of the electorate of that local government area, and if the tenure is extended, it is the people’s mandate that is extended.
“If the tenure of a local government council is truncated, as it is the norm now, it is an illegal termination of the electorate’s mandate, and it is not to be encouraged but roundly condemned.
“By the doctrine of separation of powers, it is the constitutional duty or function of the Legislature to make laws, which include amendments and repeals, and the duty of the judiciary is to interpret the laws to achieve the intended purpose of the legislation,” he said.
