A State High Court sitting in Koton Karfe, Kogi State, has dismissed a suit challenging the tenure provisions governing local government administration in the state.

Delivering judgement on Friday, Justice Aminu Eri held that the claimant failed to establish any inconsistency between Kogi State’s local government laws, the Electoral Act 2026 and the 1999 Constitution, as amended.

The claimant, a former councillor in Ibaji Local Government Area, had approached the court to challenge his removal after serving two years in office.

The suit named the Kogi State Government, the State Independent Electoral Commission (KOSIEC) and the State House of Assembly as defendants.

The claimant sought an interpretation of Section 50 of the Kogi State Local Government Law 2023, alongside Sections 25 and 26 of the law as amended in 2025.

He also sought an order restraining KOSIEC from conducting the planned local government elections.

Counsel to the claimant, J.A. Akubo, SAN, argued that the two-year and three-year tenure provisions in the state laws violated Section 7 of the 1999 Constitution.

He contended that local government council officials should serve four-year terms, citing the Electoral Act 2026, which prescribes a four-year tenure for Area Councils in the Federal Capital Territory.

However, counsel to the defendants argued that the Constitution empowers state Houses of Assembly to legislate on the structure, composition, financing and tenure of local government councils.

In his judgement, Justice Eri held that the claimant’s arguments were based on assumptions and an incorrect application of provisions governing FCT Area Councils to local government councils in the states.

The judge said Section 7(1) of the Constitution guarantees a system of democratically elected local government councils but does not prescribe a uniform four-year tenure for chairmen and councillors nationwide.

He noted that although the Constitution stipulates four-year terms for executive offices such as the President and state governors, it contains no corresponding provision prescribing a uniform tenure for local government officials.

Justice Eri further held that Section 112 of the Electoral Act 2026, which provides for a four-year tenure and dissolution, applies specifically to FCT Area Councils and does not extend to local government councils established under state laws.

He ruled that the Electoral Act does not prescribe a uniform tenure for local government councils across the country, adding that the tenure of council officials in Kogi State remains governed by the state’s applicable laws.

Consequently, the judge dismissed the suit for lacking merit.

He also struck out a separate suit seeking to stop the Kogi State local government election scheduled for October 17, 2026.

Counsels to the Kogi State House of Assembly, S.A. Abbas and Dr Abdulwahab Zakari, commended the judgement, describing it as a landmark decision that reaffirmed the constitutional authority of state legislatures over local government tenure.

However, counsel to the claimant said the legal team would study the full judgement before deciding on its next course of action. (Daily Trust)