The Taraba State High Court in Jalingo has dismissed a legal challenge against the Taraba State Local Government Amendment Law 2023, affirming state legislatures' constitutional authority over local government administration.
In his ruling on Thursday, Justice Joel Agya declared that the suit filed by Mr. Bilyaminu Maihanchi lacked merit. The plaintiff had sought to invalidate sections of the amendment law, claiming they contradicted provisions in the Electoral Act 2022.
Constitutional Interpretation
Justice Agya clarified that Section 108(1) of the Electoral Act 2022 makes a clear distinction between local government councils and area councils. He emphasized that area councils are exclusively restricted to the Federal Capital Territory, while the Electoral Act does not extend the same control over local governments in states.
"Section 318 of the Nigerian Constitution establishes that area councils exist only within the FCT, while the 768 local government councils fall under state government jurisdiction," the judge noted in his ruling.
The court also pointed out that the Constitution remains silent on the tenure of local government officials, thereby granting state legislatures the discretion to regulate and amend such matters.
Details of the Case
In the case (Suit No. TRSJ/45/2024), Maihanchi had specifically argued that Sections 15 and 38(2) of the Taraba State Local Government Amendment Law contravened Sections 108(1) and 150 of the Electoral Act.
The plaintiff also sought a perpetual injunction to prevent the state governor and legislative bodies from dissolving local government councils in Taraba's 16 local government areas, claiming such actions would violate Section 7(1) of the Constitution and Section 108(1) of the Electoral Act.
Justice Agya dismissed all reliefs sought by the plaintiff, ruling that the Taraba State House of Assembly acted within its constitutional mandate.
Legal Reactions
Dr. Dickens Shintema, Principal State Counsel and legal representative for the 1st, 2nd, and 5th defendants, expressed satisfaction with the court's decision. He described the judgment as "well considered and grounded in law."
This ruling reinforces the constitutional division of powers between federal and state governments regarding local government administration, potentially setting a precedent for similar cases across Nigeria.
