Rivers Court nullifies amended law extending LG chairmen’s tenure

A Rivers State High Court on Tuesday invalidated the amended Local Government Law enacted by the Martins Amaewhule-led faction of the Rivers State House of Assembly, thereby scuttling the assembly’s attempts to use the amended law to extend the tenure of the local government chairmen in the state.

Delivering his ruling in suit number PHC/1320/CS/2024, by Enyiada Cookey-Gam, Chairman of Opobo/Nkoro local government area, and six others who were seeking clarification on the amended law, the presiding judge, Justice Daketima Gabriel Kio, declared the amendment invalid, citing its inconsistency with the 1999 Constitution and Section 9(1) of Rivers State Local Government Law No. 5 of 2018.

The court pointed out that 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.

The attempt to extend their tenure through the enactment of Local Government Law No. 2 of 2024 was deemed unlawful and contrary to their oath of office.

The ruling marks a victory for Enyiada Cookey-Gam and six others who challenged the extension, asserting the primacy of constitutional principles in governance.

Recall that the Rivers State House of Assembly, at its 120th legislative session recently, further amended Rivers State Local Government Law No. 5 of 2018 and other matters connected thereto.

Factional Speaker Amaewhule stated that the amendment was to ensure that local government elections are conducted before the expiration of the outgoing local government administration.

He said that upon the expiration of the tenure of the outgoing local government administration, the governor shall swear in the newly elected chairmen and vice chairmen of the councils, but where the governor is unable or fails to perform the duty, the House shall by resolution mandate judicial officers or magistrates to perform the task, stressing that the progressive intendment of the bill cannot be overemphasised.

But the Opobo/Nkoro, Bonny, Ahoada-West, Ahoada-East, and Oyigbo LGA Chairmen, not wanting to be dragged into any constitutional violations, approached the High Court in Rivers State to seek clarification on the issue.

The chairmen of Opobo/Nkoro and Bonny local government areas, Enyiada Cookey-Gam, Anengi Claude Wilcox, and four others are the applicants, while the governor of Rivers State, speaker of the Rivers State House of Assembly, and Attorney General of the State, among others, are the respondents in the suit.

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