A Rivers State High Court sitting in Port Harcourt has declared that the attempt to extend the tenure of office of Local Government Chairmen is unconstitutional and ultra vires to their oath of office.

Presiding judge in Suit No. PHC/1320/CS/2024, Justice Daketima Gabriel Kio, PhD held that the Local Government Law No. 2 of 2024, purporting to extend the tenure of Local Government Chairmen for six months after the expiration of their tenures is invalid.

He stated that it is inconsistent with the provisions of the 1999 Constitution and Section 9 (1) of the Rivers State Local Government Law No. 5 of 2018.

The Chairmen of Opobo/Nkoro and Bonny LGAs, Enyiada Cookey-Gam, Anengi Claude Wilcox, and four others are the applicants while the Governor of Rivers State, Speaker of the Rivers State House of Assembly, Attorney General of the State, among others are the respondents in the suit.

Justice Kio further held that the applicable law in the circumstances is the Rivers State Local Government Law No. 5 of 2018 that fixed three years’ tenure for Local Government Chairmen and Councillors and not the Local Government Law No. 2 of 2024, which was enacted to unlawfully extend their tenure.

The defected former members of the Rivers State House of Assembly led by Martin Amaewhule had purportedly attempted to extend the tenure of the Local Government Chairmen in obvious defiance to the State Governor, Siminalayi Fubara, with whom they have been having a running battle.

But the Opobo/Nkoro, Bonny, Ahoada-West, Ahoada-East, and Oyigbo LGA Chairmen, not wanting to be dragged into any constitutional violations approached the High Court in Rivers State to seek clarification on the issue.