About 56 serving councillors in Anambra State on Tuesday filed a suit challenging the constitutional validity of the state government’s decision to limit the tenure of elected Local Government officials to two years.
In suit no. A/261/2026, pending before the State High Court in Awka, the plaintiffs joined the state Attorney General, the Anambra State House of Assembly, and the Anambra State Independent Electoral Commission as the first, second, and third defendants, respectively.
The lawmakers are challenging Section 110(A) of the Anambra State Electoral (Amendment No. 3) Law, 2024, arguing that it violates Section 7(1) of the 1999 Constitution, which guarantees a democratically elected local government system.
According to them, the Constitution pronounced a secure and stable tenure for elected local government officials and does not permit state authorities to arbitrarily cut short their mandate.
They are asking the court to strike down the controversial section of the state electoral law, describing it as unconstitutional, null and void.
The plaintiffs are seeking, among others, the following declarations:
“A declaration of this Honourable Court that the system of local government guaranteed under Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), contemplates a secure, stable, and reasonable tenure capable of promoting effective grassroots governance, and does not permit the arbitrary truncation of its life cycle by state actors.
“A declaration that Section 110(A) of the Anambra State Electoral (Amendment No. 3) Law, 2024, which limits the tenure of democratically elected Local Government Chairmen, Deputy Chairmen, and Ward Councillors in Anambra State to two (2) years, is inconsistent with Section 7(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and is therefore unconstitutional, null, void, and of no legal effect.”
The plaintiffs further seek an order of the court striking down, invalidating, and expunging Section 110(A) of the Anambra State Electoral (Amendment No. 3) Law, 2024, from the laws of Anambra State on the grounds that it is inconsistent with the provisions of the 1999 Constitution (as amended).
Other reliefs sought include: “An order of this Honourable Court declaring and affirming that the plaintiffs, and indeed all democratically elected local government officials, are entitled to a secure and uniform tenure of four years, in alignment with the democratic tenure applicable to elected officials at the federal and state levels of government in the Federation.
“An order of perpetual injunction restraining the defendants, whether by themselves, their agents, privies, or any person acting on their behalf, from dissolving, terminating, or in any way interfering with the tenure of the elected local government councils at the expiration of two years.
“An order of perpetual injunction restraining the third defendant from taking any steps, publishing any timetable, or conducting any election aimed at replacing the plaintiffs as the current elected local government officials until the expiration of their full four-year tenure.”
The suit comes just a month and some days to the local government elections scheduled to take place on August 29.
Recall that in September 2024, the Anambra State House of Assembly, amended the State Electoral (Amendment No 3) Law 2024 to capture the tenure of Local Government Chairmen and Councillors to two years.
The State House of Assembly passed the amendment during plenary in Awka thereby making the third time Anambra State Electoral Law was amended.
The lawmakers said this was in line with the Standing Order of the House in Order 74, clause one where the rule allows the three readings to be completed in one day with the approval of a two-third majority of the members present.