Fubara Wins as Court Nullifies Amendment of LG Law

iexclusivenews – The Rivers State High Court has invalidated the amended Local Government Law proposed by the Martins Amaewhule faction of the Rivers State House of Assembly.

The ruling was delivered in a suit numbered PHC/1320/CS/2024, which challenged the extension of tenure for LG chairmen for six months after the expiration of their term.

Reasons for the Ruling:

Justice D.G. Kio, presiding over the case, declared the amendment invalid, citing its inconsistency with the 1999 Constitution and Section 9(1) of the Rivers State Local Government law No. 5 of 2018.

The court emphasized that the applicable law governing the tenure of local government chairmen and councillors is the Rivers State Local Government Law No. 5 of 2018, which stipulates a three-year tenure.

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Key Takeaways:

The attempt to extend their tenure through the enactment of the 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.

Implications:

The ruling has significant implications for the governance of Rivers State, as it upholds the constitutional principles of term limits and the rule of law.

It also sets a precedent for future challenges to unconstitutional amendments and extensions of tenure.