Politics
LG Chairmen, Councilors To Enjoy Four-Year Tenure — Supreme Court
Council Chairmen, Councilors to enjoy four-year tenure-Supreme Court
The Supreme Court of Nigeria, in a landslide judgement on local government autonomy, ordered that the four-year tenure enjoyed by executives be extended to the offices of all local government chairmen across the country.
This is contained in the Certified True Copy (CTC) of a judgement delivered by Justice Mohammed Garba and six others on May 11, 2024.
Garba said that some states have, by their various illegal actions, starved the local government councils in their states to the extent that most of them cannot exercise their constitutional powers or perform their statutory functions.
The Justice described the situation of the LGA in the country as “one tier of government’s inhumanity to another tier of government.”
Garbage said that LGAs in Nigeria, unlike branches of incorporated bodies or entities, are constitutionally the third tier of government in the Federation.
According to him, their political and financial independence is duly guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The Justice said that Section 2(2) of the Constitution provides that “Nigeria shall be a Federation consisting of States and a Federal Capital Territory.”.
He further stated that 36 states in the country are specified, in alphabetical order, by Section 3(1) of the Constitution.
He said that Section 3(6) of the Constitution provides that “there shall be 768 local government areas in Nigeria,“ while Section 1(2) of the Constitution provides that “Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.”.
The Justice, however, said that in respect of the six Area Councils of the Federal Capital Territory, Abuja, there is template legislation by the National Assembly.
He said that by way of sections 108, 109, 110, and 113 of the Electoral Act (2022), the dissolution (tenure of area councils), the vacation of seats of members, removal of the chairman or vice chairman, recall, etc. were addressed. And elections to the area councils are promptly conducted or held by the Independent National Electoral Commission.
“It is, therefore, unfortunate that some states do not even bother about conducting elections into local government councils as required by the relevant laws of their Houses of Assembly.
“Under Section 135(3) of the Constitution, the tenure of four years for the president, provided for by Section 135(2) thereof, shall be extended for periods not exceeding a period of six months at any time by a resolution of the National Assembly if it is not practicable to hold elections.
“By the same token, by a law of a State House of Assembly, the tenure of local government councils can be legally extended for any reason, such as insecurity or war, if it becomes impracticable or impossible for elections into the local government councils to be conducted.
“The mandate given to an elected local government council is the mandate of the electorate of that local government area, and if the tenure is extended, it is the people’s mandate that is extended.
“If the tenure of a local government council is truncated, as it is the norm now, it is an illegal termination of the electorate’s mandate, and it is not to be encouraged but roundly condemned.
“By the doctrine of separation of powers, it is the constitutional duty or function of the Legislature to make laws, which include amendments and repeals, and the duty of the judiciary is to interpret the laws to achieve the intended purpose of the legislation,” he said.
Politics
Electoral Reform: Dino alleges senate’s plot to rig 2027 election
Former lawmaker, Dino Melaye Esq, has raised concerns over the Senate’s reported rejection of the electronic transmission of election results.
The move, according to Melaye, is a clear endorsement of election rigging and an indication of a sinister plan to rig the 2027 elections.
In a statement on Friday, the former lawmaker criticized the Senate’s decision, stating that it undermines the credibility of the electoral process.
The African Democratic Congress, ADC chieftain, also stated that the move opens the door for electoral manipulation and fraud.
He further warned that the rejection of electronic transmission of results is a step backwards for democracy in Nigeria.
Melaye called on lawmakers and citizens to stand up against “this blatant attempt to undermine the will of the people and ensure that future elections are free, fair, and transparent”.
Politics
Electoral Act: Nigerians have every reason to be mad at Senate – Ezekwesili
Former Minister of Education, Oby Ezekwesili, has said Nigerians have every reason to be mad at the Senate over the ongoing debate on e-transmission of election results.
Ezekwesili made this known on Friday when she featured in an interview on Arise Television’s ‘Morning Show’ monitored by DAILY POST.
DAILY POST reports that the Senate on Wednesday turned down a proposed change to Clause 60, Subsection 3, of the Electoral Amendment Bill that aimed to compel the electronic transmission of election results.
Reacting to the matter, Ezekwesili said, “The fundamental issue with the review of the Electoral Act is that the Senate retained the INEC 2022 Act, Section 60 Sub 5.
“This section became infamous for the loophole it provided INEC, causing Nigerians to lose trust. Since the law established that it wasn’t mandatory for INEC to transmit electoral results in real-time, there wasn’t much anyone could say.
“Citizens embraced the opportunity to reform the INEC Act, aiming to address ambiguity and discretionary opportunities for INEC. Yet, the Senate handled it with a “let sleeping dogs lie” approach. The citizens have every reason to be as outraged as they currently are.”
Politics
Electoral act: Senate’s action confirms Nigeria ‘fantastically corrupt’, ‘disgraced’ – Peter Obi
Former Labour Party presidential candidate, Peter Obi, has condemned the Senate’s refusal to make electronic transmission of election results mandatory, saying the move further exposes Nigeria as a fantastically corrupt and disgraced country.
Obi expressed his views in a statement shared on X on Friday, where he accused lawmakers of deliberately weakening Nigeria’s democratic process ahead of the 2027 general elections.
He explained that his reaction came after a brief pause to mourn victims of a deadly tragedy in Kwara State, where over 150 people reportedly lost their lives.
“Let us first pray for the souls of the innocent Nigerians lost in Kwara. That painful incident is why I delayed responding to the shameful development surrounding our electoral system,” he wrote.
Describing the Senate’s decision as intentional and dangerous, Obi said rejecting mandatory electronic transmission was not a simple oversight but a calculated attempt to block transparency.
“The Senate’s open rejection of electronic transmission of results is an unforgivable act of electoral manipulation ahead of 2027,” he said.
According to him, the action strikes at the heart of democracy and raises serious questions about the true purpose of governance in Nigeria.
“This failure to pass a clear safeguard is a direct attack on our democracy. By refusing these transparency measures, the foundation of credible elections is being destroyed. One must ask whether government exists to ensure justice and order or to deliberately create chaos for the benefit of a few.”
The former Anambra State governor linked the post-election controversies of the 2023 general elections to the failure to fully deploy electronic transmission of results, insisting that Nigerians were misled with claims of technical failures.
“
The confusion, disputes and manipulation that followed the 2023 elections were largely due to the refusal to fully implement electronic transmission,” he said.
He added that the so-called system glitch never truly existed.
Obi compared Nigeria’s electoral process with those of other African countries that have embraced technology to improve credibility, lamenting that Nigeria continues to fall behind.
“Many African nations now use electronic transmission to strengthen their democracy. Yet Nigeria, which calls itself the giant of Africa, is moving backwards and dragging the continent along.”
He criticised Nigeria’s leadership class, saying the country’s problems persist not because of a lack of ideas but because of deliberate resistance to meaningful reform.
“We keep organising conferences and writing policy papers about Nigeria’s challenges. But the truth is that the leaders and elite are the real problem. Our refusal to change is pushing the nation backwards into a primitive system of governance.”
Warning of the dangers ahead, Obi said rejecting electronic transmission creates room for confusion and disorder that only serves the interests of a small group.
He also recalled past remarks by foreign leaders who described Nigeria as corrupt, arguing that actions like this continue to justify those statements.
“When a former UK Prime Minister described Nigeria as ‘fantastically corrupt,’ we were offended. When former US President Donald Trump called us a ‘disgraced nation,’ we were angry. But our continued resistance to transparency keeps proving them right.”
Obi warned that Nigerians should not accept a repeat of the electoral irregularities witnessed in 2023.
“Let there be no mistake. The criminality seen in 2023 must not be tolerated in 2027.”
He urged citizens to be ready to defend democracy through lawful and decisive means, while also calling on the international community to closely monitor developments in Nigeria’s electoral process.
“The international community must pay attention to the groundwork being laid for future electoral manipulation, which threatens our democracy and development,” Obi stated.
He concluded by expressing hope that change is still possible if Nigerians take collective responsibility.
“A new Nigeria is possible but only if we all rise and fight for it.”
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