Supreme Court Judgment Settles Tenure for Chairmen, Councillors of Local Government Nationally.
In a significant development for local governance in Nigeria, the Certified True Copy (CTC) of the Supreme Court judgment on local government autonomy has provided a clear framework for the tenure of local government chairmen and councillors.
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The judgment, delivered by Justice Mohammed Garba and six other justices on May 11, 2024, has only recently been made public, shedding light on the rights and responsibilities of local government officials.
The CTC of the judgment resolved that chairmen and councillors of local governments are entitled to a four-year tenure, just like other executive positions in the country.
This should stabilize and put some sense of certainty into the administration of LGAs across the country.
The judgment of the Supreme Court therefore affirmed that LGAs are the third tier of government with constitutionally guaranteed political and financial independence.
With 768 local government areas recognized as the basic units by the Constitution in Nigeria, the judgment simply reinforced that there must be a time for the election of the constituted local government councils.
It went further to express its concern that many states have refused to conduct elections in local government councils, stipulated by the State Assembly Laws.
He said that while tenure of a council could legally be elongated due to certain prevailing factors like insecurity and war, unjustified termination of a council’s tenure remains illegal and a violation of the mandate given by the electorate.
The judgment further reiterated the doctrine of separation of powers, wherein it shall always be remembered that it is the Legislature’s task to enact and amend the laws and for the courts to interpret such laws in a manner that will attain desired objectives.
This very judgment of the Supreme Court is considered one important step to secure the autonomy and effectiveness of local government councils in Nigeria.
Now that the judgment has withdrawn the murky legal framework for the tenureship of local government officials, grassroots democracy is expected to be strengthened and service delivery improved for communities in this country.
While this landmark judgment continues to reverberate, it is incumbent on stakeholders in local governance and democracy apostles to insist on strict adherence to principles laid down by the judgment.
Clarity expected from the Supreme Court will therefore drastically reduce the incidence of tenure disputes and improve general governance in Nigeria’s local government areas.
This development comes at a time when the country is grappling with numerous challenges, including economic difficulties and security concerns, making effective local governance more crucial than ever.
The Supreme Court ruling calls for upholding the Constitution and ensuring that the will of the people, at whatever level of government, is respected.
