In a landmark judgment, the Supreme Court of Nigeria has ordered the extension of the four-year tenure enjoyed by executives to the offices of all local government chairmen across the country. The judgment, delivered by Justice Mohammed Garba and six others on May 11, 2024, aims to address the challenges faced by local government councils in exercising their constitutional powers and performing their statutory functions.
The court noted that some states have illegally starved local government councils, rendering them unable to function effectively. Justice Garba described the situation as “one tier of government’s inhumanity to another tier of government.”
The judgment emphasized the constitutional guarantee of political and financial independence for local government areas, citing Section 2(2) of the Constitution, which recognizes Nigeria as a federation consisting of states and a federal capital territory.
The court also highlighted the provisions of the Constitution and the Electoral Act (2022) regarding the tenure and dissolution of local government councils, emphasizing that the tenure of local government councils can be legally extended by a state House of Assembly in exceptional circumstances.
The judgment stressed that truncating the tenure of local government councils is an illegal termination of the electorate’s mandate and should be condemned. The court reaffirmed the doctrine of separation of powers, emphasizing the legislature’s duty to make laws and the judiciary’s role in interpreting them.
This landmark judgment has significant implications for local government autonomy and the democratic process in Nigeria.