A Rivers State High Court in Port Harcourt has ruled that the extension of local government council chairmen’s tenure by the State House of Assembly is unconstitutional and exceeds their legal authority.
Justice Daketima Gabriel Kio, presiding over Suit No: PHC/1320/CS/2024, declared that the Local Government Law No. 2 of 2024, which sought to extend the council chairmen’s tenure by an additional six months after its expiration, is invalid. The judge found this law to be inconsistent with the 1999 Constitution and Section 9 (1) of the Rivers State Local Government Law No. 5 of 2018.
Justice Kio nullified the amended Local Government Law proposed by the Martin Amaewule faction of the Rivers State House of Assembly. This faction had attempted to extend the tenures of council chairmen who support Nyesom Wike, the Minister of the Federal Capital Territory, amid his conflict with Governor Siminalayi Fubara.
Governor Fubara has opposed the tenure extension, insisting that the chairmen should vacate their positions upon the expiration of their terms. He has requested a list of local government employees to ensure the state government can pay them directly.
The legal challenge was brought by the chairmen of Opobo/Nkoro and Bonny local government areas, Enyiada Cookey-Gam and Anengi Claude Wilcox, along with four others. The respondents included the governor of Rivers State, the speaker of the Rivers State House of Assembly, and the Attorney General of the State, among others.
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