Tension is rising in Anambra as 56 incumbent councillors from the state's 21 council areas have filed a suit to prevent the inauguration of newly elected Local Government chairmen and councillors. The councillors argue that a new state law reducing their four-year tenure to two years is unconstitutional. They filed the suit at the High Court of Anambra State, sitting in Awka, seeking an injunction to restrain the defendants from dissolving or interfering with their tenure. The plaintiffs claim that their four-year tenure, guaranteed by the constitution, has not yet elapsed.
The suit, commenced by way of an Originating Summons, seeks to determine whether the relevant provisions of the Anambra State laws providing for the dissolution of elected Local Government executives and councillors after two years are inconsistent with the 1999 Constitution of the Federal Republic of Nigeria, as amended. The plaintiffs are also asking the court to determine whether Section 110(4) of the Anambra State Electoral (Amendment No. 3) Law, 2024, and Sections 44(3) and 64 of the Anambra State Local Government Administration Law, 2024, are null, void, and of no effect. These sections provide for the compulsory dissolution of elected executives and councillors after two years.
The plaintiffs are seeking several reliefs, including a declaration that the provisions of Section 110(4) of the Anambra State Electoral (Amendment No. 3) Law, 2024, and Sections 44(3) and 64 of the Anambra State Local Government Administration Law, 2024, are unconstitutional, null, and void. They are also seeking an order of perpetual injunction restraining the Anambra State Independent Electoral Commission (ANSIEC) from recognising, swearing in, or inaugurating persons elected pursuant to the purported election. Additionally, the plaintiffs are claiming N10 billion as general damages against the defendants.
The suit, which was expected to come up for hearing last week, was not listed on the cause list of the Awka High Court. This development has further heightened uncertainty over the proposed inauguration of the newly elected Local Government Mayors and Councillors. The legal challenge directly questions the validity of terminating the tenure of the incumbent elected officials before the period they claim is their constitutionally protected four-year tenure.
The plaintiffs are relying on the judgment in Hon. Anam Hamisu Mohammed v. Attorney-General of Plateau State & Ors and the judgment of the Supreme Court in Attorney-General of the Federation v. Attorney-General of Abia State & 35 Ors (2024) 17 NWLR (Pt. 1996) 425; (2024) LPELR-62576(SC). They contend that these judgments affirmed the democratic status, self-governance, and constitutional autonomy of Local Government Councils and their elected officers.
The inauguration of the newly elected Local Government chairmen and councillors is expected to take place early next month in line with the provisions of the Anambra State local government laws. However, with the legal challenge, it is uncertain whether the inauguration will proceed as planned. The defendants, including the Anambra State Governor and the ANSIEC, have not publicly commented on the suit.
The legal issues raised in the suit could attract the attention of the Supreme Court, given the constitutional implications. The plaintiffs are seeking a declaration that the decision and/or action of the defendants to treat their mandate as elected Local Government Councillors as having ceased to exist upon the expiration of two years from their inauguration is unconstitutional, illegal, null, and void.
Key points
- - The suit challenges the constitutionality of a new Anambra State law reducing the tenure of Local Government chairmen and councillors from four years to two years. - The plaintiffs, 56 incumbent councillors, are seeking an injunction to restrain the defendants from dissolving or interfering with their tenure. - The legal challenge has heightened uncertainty over the proposed inauguration of the newly elected Local Government Mayors and Councillors.
