In a decisive ruling on local government autonomy, the Supreme Court of Nigeria has mandated that the four-year tenure currently enjoyed by local government executives be extended to all local government chairmen nationwide.
This directive was outlined in the Certified True Copy (CTC) of a judgment delivered by Justice Mohammed Garba and six other justices on May 11, 2024.
Justice Garba highlighted that some states have, through various illegal actions, undermined the local government councils, preventing them from exercising their constitutional powers and performing their statutory duties.
He characterized the plight of local governments in Nigeria as “one tier of government’s inhumanity to another tier.”
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Justice Garba emphasized that local governments in Nigeria, unlike branches of incorporated entities, are constitutionally recognized as the third tier of government in the Federation. He noted that their political and financial autonomy is guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
He further referenced Section 2(2) of the Constitution, which states that “Nigeria shall be a Federation consisting of States and a Federal Capital Territory,” and Section 3(1), which specifies the 36 states in alphabetical order.
He said that Section 3(6) of the Constitution provides that “there shall be 768 local government areas in Nigeria,“ while Section 1(2) of the Constitution provides that “Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.”.
The Justice, however, said that in respect of the six Area Councils of the Federal Capital Territory, Abuja, there is template legislation by the National Assembly.
He said that by way of sections 108, 109, 110, and 113 of the Electoral Act (2022), the dissolution (tenure of area councils), the vacation of seats of members, removal of the chairman or vice chairman, recall, etc. were addressed. And elections to the area councils are promptly conducted or held by the Independent National Electoral Commission.
“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.
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