The Supreme Court of Nigeria has delivered a landmark judgment on local government autonomy, ordering that the four-year tenure of local government executives be extended to all local government chairmen across the country….CLICK HERE TO CONTINUE READING>>

The judgment, delivered by Justice Mohammed Garba and six others on May 11, 2024, aims to address the challenges faced by local government councils in exercising their constitutional powers and performing their statutory functions.

According to Tribune, Justice Garba said some states have illegally controlled the funds of local governments, making them unable to function effectively.

Local government areas are constitutionally recognized as the third tier of government in the Federation, and the Constitution guarantees their political and financial independence.

The Constitution provides for the existence of 768 local government areas in Nigeria, with Section 3(6) specifying their number….CLICK HERE TO CONTINUE READING>>

However, some states have failed to conduct elections for local government councils as required by law. The judgment extends the tenure of local government councils for periods not exceeding six months, citing Section 135(3) of the Constitution.

This extension is meant to prevent the illegal termination of the electorate’s mandate, which occurs when the tenure of a local government council is truncated.

The judgment emphasizes the doctrine of separation of powers, highlighting the Legislature’s duty to make laws and the judiciary’s role in interpreting laws to achieve their intended purpose.