The Rivers State High Court in suit No. PHC/1320/CS/2024 Between Hon. Enyiada Cookey-Gam & 6 Ors .V The Governor of Rivers State & Ors.by His lordship: Hon. Justice D.G. Kio Ph.D,
Justice D.G. Kio, presiding over the case, declared the amendment invalid, citing its inconsistency with the 1999 Constitution and Section 9(1) of the Rivers State Local Government law No. 5 of 2018. he held that the Local Government law No. 2 of 2024, purporting to extend the tenure of Local Government Chairman for 6 months after the expiration of their tenure is invalid as it is inconsistent with the 1999 constitution and section 9 (1) of the Rivers State Local Government law No. 5 of 2018.
The Court further held that the applicable law in the circumstances is the Rivers State Local Government law No. 5 of 2018 that fixed three years tenure for local Government chairmen and councillors and not the local government law No 2 of 2024 which was enacted to unlawfully extend their tenure. It was also held that such extension was contrary to their oath of office.
The attempt to extend their tenure through the enactment of the Local Government Law No. 2 of 2024 was deemed unlawful and contrary to their oath of office.
The ruling marks a victory for Enyiada Cookey-Gam and six others who challenged the extension, asserting the primacy of constitutional principles in governance.