By Terna Chikpa, Jalingo
The Taraba State High Court No.1 sitting in Jalingo, on Thursday dismissed a suit against the Local Government Amendment Law.
The Presiding Chief Judge of Taraba, Justice Agya while delivering the judgment in Suit No. TRSJ/45/2024, said the state assemblies have the powers to amend local government administration, saying that the suit lacked merit and therefore, be dismissed.
Agya said that 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 the local government executives and legislature as well as it’s amendment.
He said that the section 108 (1) of the Electoral Act 22 have clearly distinguished between local governments councils and area councils.
Agya added that the Section 108 (1) of the Electoral Act Amendment 2022 had also listed the area councils to have included; 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, adding 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 in an originating summon issued by Barrister Bilyaminu Maihanchi, against the Governor of Taraba and four others sought the court to declare as follows; that Section 15 and 38 (2) of the Taraba State Local Government Amendment Law 2023 was inconsistent with the provision of Section 108 (1) and 150 of the Electoral Act 2023.
Agya said that the plaintiff also seek an order mandating third and fourth defendants to cause an amendment to the Taraba State Local Government (Amendment) Law 2023.
He also said that the plaintiff seek an order of perpetual injunction restraining first and fourth 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 of the state.
He quoted him as saying that such will 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 19 April 2024, approached the Taraba State High Court suing Taraba State governor as first defendant, Attorney General of the state as second defendant.
Others are the Speaker, Taraba State Assembly as third defendant, Taraba State House of Assembly as fourth defendant and Taraba State Independent Electoral Commission as fifth defendant.
Barrister Dickens Shintema, Principal State Counsel who was also the first, second and fifth defendants thanked the court for such an informed judgement.
PERISCOPE NIGERIA reports that efforts to speak to Mr Mohammed Danlami, Counsel to the plaintiff proved abortive.
