In a significant legal victory for Rivers State Governor Simi Fubara over his former mentor and now rival, Nyesom Wike, the Rivers State High Court has nullified the amended Local Government Law enacted by the Martins Amaewhule faction of the Rivers State House of Assembly.
The dispute arose when loyalists of Governor Fubara, including Enyiada Cookey-Gam and six others, challenged the factional lawmakers’ decision to extend the tenure of local government chairmen in the state. This legal challenge was rooted in a fierce disagreement between Governor Fubara and Nyesom Wike, which had polarized the assembly.
The faction loyal to Nyesom Wike, now the FCT Minister, had enacted a law extending the local government chairmen’s tenure. Despite Governor Fubara’s refusal to sign the bill into law, the faction exercised its veto, passing the law with unanimous support from its members.
However, in a ruling delivered on Tuesday in the suit numbered PHC/1320/CS/2024, Justice D.G. Kio declared the amendment invalid. The judge stated that the law was inconsistent with the 1999 Constitution and Section 9(1) of the Rivers State Local Government Law No. 5 of 2018.
Justice Kio emphasized that the governing law for the tenure of local government chairmen and councillors is the Rivers State Local Government Law No. 5 of 2018, which stipulates a three-year tenure. The judge ruled that any attempt to extend their tenure through the Local Government Law No. 2 of 2024 was unlawful and contrary to their oath of office.
The ruling underscored the supremacy of constitutional principles in governance, highlighting that the constitution, as the supreme law, cannot be overridden for selfish political gains.
