Taraba Court dismisses suit challenging local government amendment law
Taraba Court dismisses suit challenging local government amendment law
Justice Joel Agya, the Taraba Chief Judge on Thursday, dismissed a suit challenging the state Local Government Amendment Law (LGAL), 2023.
Delivering the judgment in Suit No. TRSJ/45/2024, Justice Agya said the state assemblies have powers to amend laws guiding local government administration.
He said the position of Section 108 (1) of the Electoral Act 2022 was unambiguous about which level of the legislature should regulate the conduct of local government elections, tenure of local government executives and legislature and it’s amendment.
According to the Judge, section 108 (1) of the Electoral Act 20 22 has clearly distinguished between local governments councils and area councils.
He added that Section 108 (1) of the Electoral Act Amendment 2022 had also listed the area councils to include Abaji, Abuja Municipal, Bwari, Gwagwalada, Kuje and Kwali.
He further stated that Section 318 of the same constitution has limited area councils only to Abuja.
He added that the total number of local government councils was 768 while six area councils were limited to the Federal Capital Territory (FCT) Abuja.
He however, accepted the fact that the constitution of the Federation made provision for the creation of the local government administration.
According to him, the constitution is silent on the tenure of local government, and such has given the state assemblies the legal justification to amend local government tenure and administration laws.
The chief judge recalled that the originating summon issued by Mr Bilyaminu Maihanchi sought the court to declare that Section 15 and 38 (2) of the Taraba State local government Amendments Law 2023 was inconsistent with the provision of Section 108 (1) and 150 of the Electoral Act 2023.
Agya said that the plaintiff also sought an order mandating 3rd and 4th defendants to cause an amendment to the Taraba State local government (Amendment) Law 2023.
He also said that the plaintiff sought an order of perpetual injunction restraining 1st and 4th defendants or any functionaries or agencies of executive or legislative arm of the state from dissolution of local government chairmen and legislative councils of 16 local government areas.
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He quoted the lawyer to have said that such would violate the provision of Section 7 (1) Constitution of the Federal Republic of Nigeria and Section 108 (1) of the Electoral Act 2022 among others prayers.
It would be recalled that Maihanchi, on April 19, 2024, approached the Taraba State High Court and sued the Taraba State governor as 1st defendant, Attorney General of the state as 2nd defendant.
Others are the Speaker, Taraba State Assembly as 3rd defendant, Taraba State House of Assembly as 4th defendant and Taraba State Independent Electoral Commission as 5th defendant.
Mr Dickens Shintema, Principal State Counsel, who represented the 1st, 2nd and 5th defendants commended the judgement.
The Voice Media Trust (VMT NEWS) reports that efforts to speak to Mr Mohammed Danlami, Counsel to the plaintiff proved abortive as he declined comments.
