Court Halts Extension Of Tenures For Elected LGA Chairmen, Councilors In Rivers State

A High Court sitting in Port Harcourt, Rivers state has halted the extension of tenures for elected local government officials.

This decision follows the House of Assembly’s attempt to amend the Local Government Law to prolong the tenures of chairmen and councilors.

The court ordered parties to maintain the status quo, pending a hearing on April 22, 2024.

The lawsuit, filed by the Executive chairman of Opobo/Nkoro Dr. Enyiada Cookey-gam,Bonny LGA; DameAnengi Claude Wilcox and five other elected council officials, challenges the Assembly’s decision.

The claimants seek to uphold the original three-year tenure and prevent any extensions.

Recall that the Martin Amaewhule  explaining the rationale behind the amendments, stated that they were intended to empower the House of Assembly to extend the tenures of elected officials when it is deemed impracticable to hold local government elections before the expiration of their three-year terms.

However, the court has intervened, ordering all parties involved to maintain the status quo ante belum pending the hearing and determination of the motion on notice for the interlocutory injunction. Presided over by G.N. Okonkwo, the court also directed the claimant/applicant to enter into an undertaking to indemnify the defendants with a sum of N5 million should the substantive case be deemed frivolous.

The court has scheduled April 22, 2024, to hear the motion on notice for the interlocutory injunction and has issued an order of substituted service of relevant legal documents to the defendants.

The lawsuit was filed by Executive Chairman Enyiada Cooky-Gam of Opobo-Nkoro, Anengi Claude-Wilcox of Bonny, and five other elected council officials challenging the decision of the Amaewhule-led House of Assembly to extend the tenure of local government areas.

The defendants in the suit include the Governor of Rivers State, the Government of Rivers State, and the Attorney-General of Rivers State.

The claimants/applicants are seeking declarations that under section 9(1) of the Rivers State Local Government Amendment Law number 5 of 2018, the tenure of office of the chairmen and members of the 23 local government councils of Rivers State is three years. They are also seeking injunctions to prevent the extension of the tenures beyond their designated period.