The Rivers State High Court has declared the amended Local Government Law enacted by the Martins Amaewhule faction of the Rivers State House of Assembly invalid.
News About Nigeria reports that the court’s ruling is a major blow to the faction loyal to former governor Nyesom Wike, who has been at odds with Rivers State Governor Siminalayi Fubara.
The court’s decision was in response to a suit filed by Enyiada Cookey-Gam and six other loyalists of Governor Fubara, challenging the extension of the tenure of local government chairmen in the state.
The factional lawmakers had enacted a law extending the tenure of the LG chairmen, which was vetoed by Governor Fubara, leading to its passage into law despite his refusal to sign it.
In a ruling delivered on Tuesday, Justice D.G. Kio declared the amendment invalid, citing inconsistency with the 1999 Constitution and Section 9(1) of the Rivers State Local Government Law No. 5 of 2018.
The judge said the applicable law governing the tenure of local government chairmen and councillors is Rivers State Local Government Law No. 5 of 2018, which stipulates a three-year tenure, no more, no less.
The court held that the attempt to extend their tenure through the enactment of Local Government Law No. 2 of 2024 is unlawful and contrary to their oath of office.
The judge stressed that the primacy of constitutional principles in governance is supreme, and the constitution, which remains the ground norm, cannot be sidestepped by selfish political gains.
Recall that on March 13, the Rivers Assembly amended “Rivers State Local Government Law No. 5 of 2018 and other matters connected thereto.”
However, when the bill was sent to the governor for his assent, it was declined. The House, thereafter, passed the bill into law.
The Rivers Assembly said the amendment is to ensure that LGA elections are conducted before the expiration of the outgoing administration.
