Reported by Ariajegbe Sylvia Esezobor
A High Court sitting in Koton-Karfe, Kogi State, has dismissed a suit challenging the tenure of local government officials in the state, ruling that the Kogi State Electoral Law is not inconsistent with the Electoral Act 2026 or the 1999 Constitution, as amended. Justice Aminu Eri, in his judgment on Friday, October 9, 2026, held that the claimant failed to establish any conflict between the state’s local government laws, the Electoral Act and the Constitution, and dismissed the suit in its entirety for lacking merit.
The suit was instituted by a former councillor in Ibaji Local Government Council who challenged his removal from office after serving two years. The claimant, through his legal team led by J.A. Akubo, a Senior Advocate of Nigeria, alongside T.U. Odoma, S.S. Udaa and A.O. Apeh, sought a judicial interpretation of Section 50 of the Kogi State Local Government Law 2023 and Sections 25 and 26 of the same law, as amended in 2025. He argued that the two-year and three-year tenures provided under the state laws violated Section 7 of the 1999 Constitution and should be extended to four years in line with Sections 112 and 253 of the Electoral Act 2026, which provide for a four-year tenure for Federal Capital Territory Area Council officials. The claimant also sought an order restraining the Kogi State Independent Electoral Commission from proceeding with the local government council election scheduled for October 17, 2026.
The defendants, comprising the Kogi State Government, the State Independent Electoral Commission and the Kogi State House of Assembly, opposed the suit. Their legal representatives, including Abdulwahab Zakari, O.O. Adegboyega, V.A. Shaibu and S.A. Abbas, argued that the Constitution empowers state Houses of Assembly to legislate on local government elections and related matters, and that the state had not violated any constitutional provision in determining the tenure of local government chairmen, vice chairmen and councillors.
In his ruling, Justice Eri held that the Constitution does not expressly prescribe the tenure of local government chairmen, vice chairmen and councillors, noting that the authority to legislate on such matters rests with the State House of Assembly. He observed that the claimant’s arguments were largely based on assumptions and provisions governing the tenure of Federal Capital Territory Area Council officials, which he said did not apply to state local government councils. The judge stressed that Section 7(1) of the Constitution guarantees a system of democratically elected local government councils but does not prescribe a uniform four-year tenure for local government chairmen and councillors across the federation. He further noted that while the Constitution explicitly provides for a four-year tenure for executive offices such as the President and Governors, it makes no corresponding provision for local government officials in the states.
Addressing the Electoral Act 2026, Justice Eri held that Section 112, which provides for a four-year tenure and dissolution, applies strictly to FCT Area Councils and does not extend substantive tenure rules to local government councils created under state laws. He added that although Section 153 of the Electoral Act 2026 extends procedures regulating elections to state local government councils, it does not apply the substantive four-year tenure provision in Section 112 to state councils. Consequently, the court ruled that the Electoral Act does not function as a general federal enactment prescribing uniform council tenure across Nigeria, affirming that the tenure of council officials in Kogi State remains governed by valid state legislation.
Reacting to the judgment, counsel to the Kogi State House of Assembly, S.A. Abbas and Dr Abdulwahab Zakari, welcomed the decision, describing it as a reaffirmation of the legislature’s authority to determine the tenure of local government officials through state legislation. The Special Adviser to the Kogi State Governor on Grassroots Mobilisation, Hon. Enejoh Sani, commended the judiciary for its judgment, describing the decision as a victory for justice and an opportunity for the state to move forward with its plans for the people. He congratulated the Kogi State Government on the court victory and expressed optimism that the judgment would allow the state to focus on its development priorities and the implementation of programmes aimed at improving the welfare of its citizens.
Counsel to the claimant indicated that the legal team would study the judgment, acknowledging its implications for the relationship between the Kogi State laws, the Electoral Act and the Constitution. The judgment marks the conclusion of the suit at the Koton-Karfe High Court and brings renewed attention to the legal framework governing local government administration in Kogi State. The case had earlier come up before Justice Eri on Wednesday, when preliminary applications, motions and affidavits were adopted by the parties, before the court adjourned to Friday for judgment.
The ruling clears the legal hurdles for the conduct of the Kogi State local government council election scheduled for October 17, 2026. The election will determine the chairmen and councillors who will administer the state’s 21 local government areas for the next tenure. The judgment also has implications for the broader debate over local government autonomy and tenure across Nigeria, where states have adopted varying tenure structures for council officials. While the Constitution guarantees democratically elected local government councils, it does not prescribe a uniform tenure, leaving the matter to state legislatures. The Kogi case is one of several that have tested the boundaries of that authority, and the ruling reinforces the principle that state Houses of Assembly have the legislative competence to determine the tenure of local government officials within their jurisdictions.
For the people of Kogi State, the judgment removes the uncertainty that had surrounded the October 17 poll and allows the electoral commission to proceed with preparations. For the claimant, the legal team’s decision to study the judgment suggests that the matter may not be entirely closed, and an appeal to a higher court remains a possibility. For the state government, the ruling is a validation of its legal framework and a green light to proceed with the local government election. As Hon. Enejoh Sani put it, justice has prevailed, and the state can now focus on its development agenda for the people.
📩 Stone Reporters News | 🌍 stonereportersnews.com
✉️ info@stonereportersnews.com | 📘 Facebook: Stone Reporters News | 🐦 X (Twitter): @StoneReportNew | 📸 Instagram: @stonereportersnews
Add comment
Comments