By Titus Eleweke, Editor, South East
AWKA, Anambra – Tension and apprehension have heightened in Anambra State as an air of uncertainty hovers over the planned inauguration of the newly elected 21 Local Government Mayors and Councillors.
The inauguration, which is expected to take place early next month in line with the provisions of the Anambra State local government laws, is now being challenged in court.
The development follows a suit filed before the High Court of Anambra State, sitting in Awka, by 56 incumbent councillors, who contend that their four-year tenure, as guaranteed by the Constitution, has not yet expired.
The plaintiffs are seeking, among other reliefs, an order of the court declaring that democratically elected Local Government officials are entitled to a secure and standard four-year tenure, consistent with the democratic mandates enjoyed by the Federal and State tiers of government under the Nigerian federal system.
They are also seeking a perpetual injunction restraining the defendants, their agents, privies, or anyone acting on their behalf from dissolving, terminating, or otherwise interfering with the tenure of elected Local Government officials at the expiration of two years.
In the suit, commenced by way of an Originating Summons, the councillors are asking the court 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).
Specifically, they are asking the court to determine:
“Whether Section 110(4) of the Anambra State Electoral (Amendment No. 3) Law, 2024, Sections 44(3) and 64 of the Anambra State Local Government Administration Law, 2024, which provide for the compulsory dissolution at the expiration of two years of the elected executives of the Local Government and Councillors in Anambra State, are not inconsistent with Section 7(1) of the Constitution, and therefore null, void and of no effect whatsoever.”
The plaintiffs are also seeking a determination as to whether, having regard to the combined effects of 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), which they contend affirmed the democratic status, self-governance, and constitutional autonomy of Local Government Councils and their elected officers, Section 110(4) of the Anambra State Electoral Law can validly operate to terminate the tenure of elected Local Government officials after two years.
Among the other questions for determination are:
“Whether the Electoral (Amendment No. 3) Law, 2024, is incongruous and inconsistent with the 1999 Constitution (as amended).”
“Whether, having regard to Sections 7(1), 135(3) and 180(2) of the 1999 Constitution (as amended), and in view of Nigerian federalism, the tenure of elected executives of the third tier of government—the Local Government elected officials—can be abridged to a two-year term while their Federal and State counterparts enjoy constitutionally protected four-year tenures, without violating the constitutional recognition of democratic governance at the three levels of government by the state enactment.”
The councillors are asking the court for a declaration that 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 in conflict with Sections 1(3) and 7 of the Constitution and are, to that extent, unconstitutional, null, and void insofar as they purport to bring about the compulsory dissolution or termination of an existing tenure.
They are further seeking:
“A declaration that the provisions of Section 110(4) of the Anambra State Electoral (Amendment No. 3) Law, 2024, Sections 44(3) and 64 of the Anambra State Local Government Administration Law, 2024, or state laws cannot lawfully be interpreted or applied in a manner that permits the Defendants to arbitrarily terminate the subsisting constitutional mandate of democratically elected Local Government officials otherwise than in accordance with the Constitution and other applicable laws by conducting elections to remove the Plaintiffs at mid-tenure.”
Other reliefs sought include:
“A declaration that the decision and/or action of the 1st and 2nd Defendants, whether by themselves, their servants, agents or privies, to treat the Plaintiffs’ mandate as elected Local Government Councillors as having ceased to exist upon the expiration of two years from their inauguration, without lawful constitutional basis, is unconstitutional, illegal, null and void and of no effect whatsoever.”
The plaintiffs are further asking the court to declare that the Anambra State Independent Electoral Commission (ANSIEC), identified as the 3rd Defendant, had no lawful authority to conduct or purport to conduct elections for the purpose of replacing the plaintiffs and/or other subsisting elected Local Government officials during the alleged subsistence of their four-year tenure.
They are also seeking:
“An order of perpetual injunction restraining the 3rd Defendant, its officers, actors, servants, agents, privies or anyone acting on its behalf from recognising, swearing in, inaugurating or otherwise giving effect to the purported election or purported return of persons elected pursuant to the null Local Government elections conducted on 29 August 2026 in respect of the affected Local Government Councils in the State.”
The plaintiffs are equally asking for:
“A declaration and order reinstating the Plaintiffs/officers with rights, privileges and emoluments from the date of filing this application until the determination of the Originating Summons.”
They are also claiming ₦10 billion (Ten Billion Naira) as general damages against the defendants.
In addition, the plaintiffs are asking the court for:
“An order directing the Defendants to comply with the final decision 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), and Gov. Ekiti v. Olubunmo (2016) LPELR-40540(SC), and Section 287(1) of the Constitution, particularly the constitutional requirement for democratic governance at the Local Government levels and the prohibition against arbitrary replacement/alteration of democratically elected Local Government officers with arrangements inconsistent with Section 7(1) of the Constitution.”
Meanwhile, it was gathered that the suit, which was expected to come up for hearing last week, was not listed on the cause list of the Awka High Court.
The development has further heightened uncertainty over the proposed inauguration of the newly elected Local Government Mayors and Councillors, particularly as the legal challenge directly questions the validity of terminating the tenure of the incumbent elected officials before the end of what they claim is a constitutionally protected four-year term.
There are also indications that the legal issues raised in the suit could attract the attention of the Federal Government, with claims in legal and political circles that the Attorney-General of the Federation may seek to join the matter in relation to the constitutional questions raised by the plaintiffs.
The outcome of the litigation and any consequential orders that may be made by the court could, therefore, have a direct bearing on the proposed inauguration and the status of the newly elected Local Government officials in Anambra State.
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