A New Bussa High Court in Niger State has ruled against the Niger State Government and the state House of Assembly in a suit filed by the Social Democratic Party, 14 other registered political parties and five local government councillors over the reduction of the tenure of local governments in state.
The court, presided over by Justice Mohammed Mohammed, ruled that the House of Assembly in particular lacked the power to amend the Local Government (amendment ) Law 2016 of Niger State, published as Niger State Legal Notice No1 as it did, to which Governor Abubakar Sani Bello appended his signature to make it become law.
The Social Democratic Party and 19 others had initiated the suit by way of originating summons on November 15, 2017, but amended their process pursuant to an application dated December 7, which was filed before the court on December 11 and was deemed amended on December 14, 2017.
In a 37 page judgement, which lasted almost three hours, Justice Mohammed held that the failure of the 1st defendant to comply with the constitutional requirement of amending the local government law 2001 rendered the amended law “unconstitutional invalid and lacks legal status”.
On the issue of whether or not the 1st defendant had powers to “make laws reducing the tenure of elected local government councils in Niger State from three years to two years”, Justice Mohammed declared: “I do not think so.
“On the contrary, it is my humble view that the powers enumerated in sections 4 and 7 of the constitution does not extend to power to either extend or reduce the tenure of elected local government councils in Niger State.”
Justice Mohammed further submitted: “Where a law is invalidated, it would be as if it had never been and the old law will subsist.
“In this instance, where the law was invalidated, the only recourse on tenure would be on the old law.”
The Judge declared that the sole issues formulated for determination were resolved in favour of the plaintiffs and consequently granted all the claims of the plaintiffs.
Justice Mohammed directed that the “defendants, their agents, privies or servants are hereby restrained from taking any action or steps whatsoever pursuant to or giving effect to any of the provisions of the local government (Amendment) law 2016 of Niger State published as Niger State Legal Notice No 1 of 2016.”