“Rivers State High Court Invalidates Amended Local Government Law Proposed by Amaewhule Faction”
In a significant development, the Rivers State High Court has rendered invalid the amended Local Government Law proposed by the Martins Amaewhule faction of the Rivers State House of Assembly. The ruling was issued in response to a suit numbered PHC/1320/CS/2024, which contested the extension of tenure for local government chairmen for six months following the expiration of their terms.
Presiding over the case, Justice D.G. Kio declared the 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 governing law concerning the tenure of local government chairmen and councillors is the Rivers State Local Government Law No. 5 of 2018, which stipulates a three-year tenure.
The attempt to prolong the tenure of local government chairmen through the enactment of the Local Government Law No. 2 of 2024 was deemed unlawful and in violation of their oath of office.
This ruling represents a significant victory for Enyiada Cookey-Gam and six other plaintiffs who challenged the extension, asserting the paramountcy of constitutional principles in governance. The decision underscores the judiciary’s role in upholding the rule of law and ensuring adherence to constitutional provisions, safeguarding democratic processes and institutions in Rivers State.