Law That Extends Tenure Of LGA Chairmen By 6 Months, Invalid –Rivers Court

The Rivers State High Court in suit No. PHC/1320/CS/2024 Between Hon. Enyiada Cookey-Gam & 6 Ors .V The Governor of Rivers State & Ors.by His lordship: Hon. Justice D.G. Kio Ph.D, Judge sitting in High Court Port Harcourt, has held that the Local Government law No. 2 of 2024, purporting to extend the tenure of Local Government Chairmen for 6 months after the expiration of their tenure is invalid, saying it is inconsistent with the 1999 constitution and section 9 (1) of the Rivers State Local Government law No. 5 of 2018.

Recall that the Martin Amaehwule-led House of Assembly amended Sections of the Law No. 5 of 2018 extending the tenure of elected Local Government chairmen in the state.

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The Court further held that the applicable law in the circumstances is the Rivers State Local Government law No. 5 of 2018 that fixed three years tenure for local Government chairmen and councillors and not the local government law No 2 of 2024 which was enacted to unlawfully extend their tenure.

The court also held that such an extension was contrary to their oath of office.