The feud between Rivers State governor, Siminalayi Fubara and his godfather, Nyesom Wike is taking a new twist as Rivers State High Court on Tuesday, nullifed the amended Local Government Law, by the Martins Amaewhule faction of the Rivers State House of Assembly that had earlier decamped to the All progressives Congress (APC).
A faction of the house had in a suit numbered PHC/1320/CS/2024, challenged the extension of tenure for LG chairmen for six months after the expiration of their tenure.
In his judgement, Justice D.G. Kio, declared that the said amendment null and void, citing its inconsistency with the 1999 Constitution and Section 9(1) of the Rivers State Local Government law No. 5 of 2018.
The court emphasized that the applicable law governing the tenure of local government chairmen and councilLors is the Rivers State Local Government Law No. 5 of 2018, stipulates a three-year tenure.
The added that 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.
You may wish to recall that The Rivers house of assembly on March 13, 2024, passed the local government amendment bill into law despite the refusal of Siminalayi Fubara, governor of the state, to give his assent.
The house sent the bill to the governor for his assent but he declined to the Section 9 subsections (2), (3) and (4) of the law were amended by the lawmakers.
The amendment empowers the house of assembly via resolution to extend the tenure of elected chairpersons of LGAs and councillors, where it is considered impracticable to hold elections before the expiration of their three-year term in office.
The Rivers assembly said the amendment is to ensure that LGA elections are conducted before the expiration of the outgoing administration.
But on April 16, the Rivers high court in Port Harcourt, issued an interim injunction directing the house of assembly to maintain the status quo on the move to extend the tenure of elected LGA officials.
