The Centre for Human Rights Advocacy and Wholesome Society (CEHRAWS) has called on the Abia State Government to make public the specific provisions of the Abia State Local Government Administration Law, 2025, upon which the Governor’s position that the current Chairmen and Councillors will remain in office until 2028 is based.
DrumAfricanews reports that recently, during a media chat, Governor Alex Otti said that the previous law providing for a two-year tenure for elected local government officials had been amended by the Abia State House of Assembly before the November 2, 2024, local government elections.
Otti said that the amended legislation extended the tenure of local government chairmen and councillors to four years, adding that it was made before the officials were elected and, therefore, should govern their tenure.
Reacting, CEHRAWS, through its Executive Director, Okoye Chuka Peter said that the question of when the tenure of the chairmen and councilors expire should not be determined by political pronouncements or administrative convenience, but by the applicable law known to Abians.
“Section 1(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), establishes the Constitution as the supreme law of the land, while Section 1(3) renders any law or action inconsistent with its provisions void to the extent of the inconsistency.
“More importantly, Section 7(1) guarantees the system of democratically elected local government councils and requires every State Government to ensure their existence under a law providing for their establishment, structure, composition, finance and functions.”
According to CEHRAWS, it is therefore important to emphasise that the tenure of elected local-government officials is a matter of law and not the personal discretion of a Governor, political party or any other public office holder.
“Where the law prescribes four years, four years must be respected; where it prescribes two years, two years must be respected. Where the law has been amended, such amendment must be applied in accordance with its commencement and transitional provisions.”
CEHRAWS further said that is not opposed to a four-year tenure for Local Government Chairmen and Councillors where such tenure is validly established by law, and it is equally not advocating the premature termination of any democratically acquired mandate.
It however, said that its concern is the sanctity of the law, that is to ascertain if the Abia State Local Government Administration Law, 2025 validly provides for a four-year tenure applicable to the current councils, the law should be respected and the officials allowed to complete their lawful mandate.
“However, if a subsequent enactment is being relied upon to extend the tenure of persons elected under an earlier legal regime, the constitutional and transitional implications must be openly addressed.
“Democracy is not government by announcement. The rule of law is not government by convenience, and elected mandates are not political property.”
CEHRAWS, while calling for clarifications, urged that the Attorney-General and Commissioner for Justice should also, where necessary, provide a clear legal explanation of the government’s position to prevent unnecessary confusion and conflicting interpretations.
“CEHRAWS reiterates that our position is neither for the premature termination nor the unlawful extension of any elected mandate. Our position is simple and principled: the law must prevail over political convenience.
“We will not support any legislation or administrative action designed to manipulate the tenure of elected officials for political advantage, whether by unlawfully shortening or extending their mandates.”
It said that Section 14(2)(a) of the Constitution provides that sovereignty belongs to the people, while Section 14(2)(c) emphasises the participation of the people in their government.
“These provisions reinforce the fundamental principle that public offices are held in trust for the people and that democratic institutions must operate transparently and within the confines of the law.”
CEHRAWS therefore calls for clarity, transparency and strict adherence to the Constitution, extant laws and judicial decisions in resolving the controversy surrounding the tenure of Abia’s Local Government Chairmen and Councillors.
