- It is Contained in the Certified True Copy (CTC) of the Judgement
- Says House of Assembly Has powers to Legally Extend the Tenure of Local Govt. Councils If..
Nigeria’s Supreme Court has made a landmark ruling on local government autonomy, extending the four-year tenure of executives to all local government chairmen nationwide. In a judgment delivered on May 11, 2024, Justice Mohammed Garba and six other justices stated that some states have illegally deprived local government councils of their powers and functions.
Garba described the situation as “one tier of government’s inhumanity to another tier of government.” He emphasized that local government areas (LGAs) are constitutionally guaranteed as the third tier of government, with political and financial independence.
The judgment referenced various sections of the Nigerian Constitution, highlighting the importance of local government autonomy. Garba noted that while the National Assembly has provided template legislation for the six Area Councils of the Federal Capital Territory, some states fail to conduct elections into local government councils as required by law.
He stated, “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.”
The judgment also addressed the extension of tenure, saying, “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.”
Garba emphasized that truncating the tenure of local government councils is an illegal termination of the electorate’s mandate, which should be condemned. He concluded by highlighting the importance of separation of powers and the judiciary’s role in interpreting laws to achieve their intended purpose.
