Constitutional Victory: Plateau Court Restores Four-Year Tenure for LG Chairmen

The Plateau State High Court in Jos has delivered a landmark judgment, declaring the two-year tenure for elected local government chairpersons in the state unconstitutional. This ruling mandates a four-year term for council chairmen, effectively nullifying provisions in the Plateau State Local Government Law and the Plateau State Independent Electoral Commission (PLASIEC) Law that prescribed a shorter tenure.
Chief Judge of Plateau State, Hon. Justice David Gwong Mann, presided over the case, delivering the judgment on Friday. The court held that the two-year tenure was inconsistent with Section 7(1) of the 1999 Constitution of Nigeria (as amended), which guarantees a democratically elected local government system. According to Justice Mann, a shorter tenure undermines constitutional provisions governing grassroots democracy and cannot stand against superior constitutional mandates. He explicitly granted a four-year tenure to elected local government chairmen in the state, aligning their term with broader constitutional expectations for democratic governance at the grassroots level.
The legal action was initiated by Hon. Anani Hamisu Mohammed, Chairman of Wase Local Government Area, who sought to challenge Section 23(1) of the PLASIEC Law and Section 38 of the Plateau State Local Government Law. Mohammed argued that these specific provisions were inconsistent with Sections 112 and 153 of the Electoral Act, alongside Section 7(1) of the 1999 Constitution, which collectively safeguard a constitutionally grounded and democratically elected local government system.
Justice Mann concurred with the claimant's arguments, emphasizing that the two-year tenure imposed by state laws compromises the constitutional framework for local government administration. Consequently, the court ruled that "The two-year tenure contained in the Plateau State and PLASIEC laws is inconsistent with the constitutional guarantee of a democratically elected local government system. To the extent of this inconsistency, those provisions are null and void." The judgment also clarified that the constitution, when read with relevant sections of the Electoral Act, envisions a four-year democratic tenure for elected local government officials, mirroring other elected offices across the federation.
As a result of this ruling, Hon. Anani Hamisu Mohammed's tenure as Chairman of Wase Local Government Area has been affirmed as four years, commencing from October 9, 2024, the date he was sworn into office. Furthermore, the court issued a consequential order affirming that the tenure of all elected local government chairmen in Plateau State is now four years. This decision effectively restrains the Plateau State Government and PLASIEC from conducting fresh local government elections or interfering with the tenure of current chairmen until their constitutionally recognized four-year term expires.
This significant judgment comes shortly after PLASIEC announced adjustments to the timetable for the 2026 local government elections, including an extension for political parties to conduct primaries. Campaigns were scheduled to end at midnight on September 7, 2026, with elections on September 9 across the state's 17 local government areas, but this ruling will likely necessitate further adjustments. Legal observers view this judgment as consistent with a national judicial trend that reinforces the autonomy and democratic stability of local governments. The decision is expected to have profound implications for political planning, local governance, and necessary legislative adjustments within Plateau State.
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