The Taraba State High Court No.1, sitting in Jalingo, on Thursday dismissed a suit challenging the Local Government Amendment Law (LGAL).
The Presiding Chief Judge of Taraba, Justice Agya, while delivering the judgment in Suit No. TRSJ/45/2024, stated that state assemblies have the power to amend local government administration, asserting that the suit lacked merit and should therefore be dismissed.
He explained that Section 108(1) of the Electoral Act 2022 is explicit regarding which level of the legislature should regulate the conduct of local government elections, the tenure of local government executives and legislatures, as well as amendments.
Justice Agya noted that Section 108(1) of the Electoral Act 2022 clearly distinguishes between local government councils and area councils. He further explained that the section identifies the area councils as Abaji, Abuja Municipal, Bwari, Gwagwalada, Kuje, and Kwali.
Additionally, he pointed out that Section 318 of the same constitution limits area councils exclusively to Abuja, adding that the total number of local government councils stands at 768, while six area councils are confined to the Federal Capital Territory (FCT).
He acknowledged that the constitution provides for the establishment of local government administrations. However, he stated that the constitution is silent on the tenure of local governments, thereby granting state assemblies the legal authority to amend local government tenure and administrative laws.
The Chief Judge recalled that in an originating summons issued by Mr Bilyaminu Maihanchi (Esq) against the Governor of Taraba and four others, the plaintiff sought the court’s declaration that Sections 15 and 38(2) of the Taraba State Local Government Amendment Law 2023 were inconsistent with Sections 108(1) and 150 of the Electoral Act 2023.
Justice Agya noted that the plaintiff also sought an order mandating the 3rd and 4th defendants to amend the Taraba State Local Government (Amendment) Law 2023.
Furthermore, the plaintiff requested a perpetual injunction restraining the 1st and 4th defendants or any functionaries or agencies of the executive or legislative arms of the state from dissolving local government chairmen and legislative councils across the 16 local government areas of the state.
He cited that such actions would violate Section 7(1) of the Constitution of the Federal Republic of Nigeria and Section 108(1) of the Electoral Act 2022, among other provisions.
It is recalled that on 19 April 2024, Maihanchi approached the Taraba State High Court, suing the Governor of Taraba as the 1st defendant, the Attorney General of the state as the 2nd defendant, the Speaker of the Taraba State Assembly as the 3rd defendant, the Taraba State House of Assembly as the 4th defendant, and the Taraba State Independent Electoral Commission as the 5th defendant.
Mr Dickens Shintema, Principal State Counsel and representative of the 1st, 2nd, and 5th defendants, expressed gratitude to the court for delivering an informed judgment.
According to Tribune Online, attempts to obtain comments from Mr Mohammed Danlami (Esq), counsel to the plaintiff, were unsuccessful.
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