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.As lawmakers confirm Fubara’s commissioner nominees
Emmanuel Nlewedum, Port Harcourt
Justice D.G. Kio of a State High Court sitting in Port Harcourt on Tuesday, nullified the amendment of the Local Government Law No.2 of 2024, by the Martin Amaehwule-led faction of the Rivers State House of Assembly loyal to the FCT Minister, which granted a 6 months tenure extension to local government chairmen after their initial tenure expire next month (June).
The faction of the Rivers Assembly led by it’s Speaker, Martin Amaehwule had last month, overrode Governor Siminalayi Fubara and passed the Rivers State Local Government Amendment Bill into law.
The new law as amended by the pro-Wike lawmakers stripped the governor of the power to appoint caretaker committee, CTC, chairmen for local government areas and empowers the Assembly to extend the tenure of the Council Chairmen upon the expiration of their terms.
But the court in suit number PHC/1320/CS/2024, a case instituted by Hon. Enyiada Cookey-Gam & 6 Ors vs. The Governor of Rivers State & Ors., seeking to interpret the constitutionality of tenure extension for local government chairmen in the state, ruled that the recent amended law by the embattled lawmakers was invalid.
The court’s verdict was based on the fact that the law is inconsistent with the provisions of the 1999 constitution and section 9 (1) of Rivers State Law No 5 of 2018.
Hon. Justice, D.G. Kio, in his judgment, declared that Local Government Law No. 2 of 2024, which sought to extend the Chairmen’s terms by six months, conflicts with the 1999 Constitution and Section 9(1) of Rivers State Local Government Law No. 5 of 2018.
The court affirmed that the lawful tenure for Local Government Chairmen and Councilors remained three years, as stipulated by the 2018 law, stressing that any attempt to extend the tenure was not only unlawful, but also violates the officials’ oath of office.
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