A high court in Rivers State has invalidated the six-month tenure extension granted to the state’s local government chairmen by the Martins Amaewhule-led House of Assembly.

Delivering the judgment on Tuesday, presiding judge Daketima Kio declared Local Government Law No. 2 of 2024, which extended the tenure of local government chairmen, invalid. The ruling came in a case filed by Enyiada Cookey-Gam and six others against the Governor of Rivers State and other parties.

Judge Kio stated that the law was inconsistent with the 1999 Constitution and section 9(1) of Rivers State Law No. 5 of 2018, which establishes a three-year tenure for local government chairmen and councillors. The attempt to extend the tenure, he emphasized, was unlawful and violated the officials’ oath of office.

Amidst a political crisis, the Amaewhule-led assembly had amended Local Government Law Number 5 of 2018, permitting the House of Assembly to extend the tenure of elected chairmen and councillors if elections were not held before their tenure expired.

The applicants sought a declaration from the court that, under section 9(1) of the Rivers State Local Government Amendment Law No. 5 of 2018, the tenure of the chairmen and members of the 23 LGAs of Rivers State is three years. They also requested a declaration that the tenure would expire on June 17, 2024, given that it commenced on June 18, 2021, when they were sworn in.

The reliefs sought by the applicants included:

A declaration that the defendants cannot extend the tenure of office of the chairmen and members of the local government areas after the expiration of their tenure.

An order of perpetual injunction restraining the defendants from extending the tenure of office of the chairmen and members of the local government areas.

An order of perpetual injunction restraining the governor, the government house, and the attorney-general from giving effect to any purported extension of the tenure of the chairmen and members of the local government areas.