In a statement obtained by SaharaReporters on Monday, Falana said the new law repeals the former Local Government Administration Law, Cap L82, Laws of Lagos State 2015, and introduces critical updates that align with constitutional principles and judicial precedents, most notably the Supreme Court’s ruling in Marwa v. Nyako.

Renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has described the newly enacted Lagos State Local Government Administration Law, 2025, as a landmark legislative reform that clarifies the structure, tenure, and transition of executive authority at the grassroots level.

In a statement obtained by SaharaReporters on Monday, Falana said the new law repeals the former Local Government Administration Law, Cap L82, Laws of Lagos State 2015, and introduces critical updates that align with constitutional principles and judicial precedents, most notably the Supreme Court’s ruling in Marwa v. Nyako.

Falana highlighted Sections 27(5), 28(4), and 59(3) of the 2025 law as key provisions that correct long-standing ambiguities, particularly regarding tenure calculation and succession in local government leadership.

He emphasised that the law reflects a conscious effort to uphold the democratic mandate required under Section 7(1) of the 1999 Constitution (as amended), which guarantees the existence of democratically elected local government councils.

Falana stated that the new law is a well-drafted and timely legislative update. According to him, it enhances transparency, accountability, and the democratic legitimacy of local governance in Lagos State by explicitly aligning with the tenure limitation doctrine articulated in Marwa v. Nyako and the expectations of the 1999 Constitution.

He further noted that while the Nigerian Constitution delegates the regulation of local government administration to the states, such legislation must reflect democratic ideals, such as fair electoral cycles, respect for term limits, and the prevention of indefinite rule by transitional councils.

He said, "Though Section 180(2) of the Constitution explicitly limits the tenures of Governors and Presidents to two terms of four years each, this principle has been judicially extended to cover executive offices generally, particularly through the Supreme Court’s interpretation in Marwa v. Nyako. The Court firmly held that no person can remain in executive office for more than eight years in total, regardless of how the tenure began whether by regular election, rerun, or succession.

"Section 27(5) of the 2025 Law provides that: ‘The person elected to fill a vacancy under this section, shall only complete the unexpired term of office of the previous holder, which term shall be deemed as full term.’"

He explained that it is a pivotal provision, directly addressing an ambiguity in the repealed Cap L82 Law.

He said, "Under the 2015 Law, while provisions existed for by-elections to fill vacant Chairmanship seats (see Section 23), there was no clarity on whether the individual completing such a term could still contest for two full tenures thereafter. This lacuna allowed individuals to argue that they were still eligible for two full terms after completing a predecessor’s tenure, thereby potentially exceeding eight years in office.

"The 2025 Law corrects this by explicitly stating that the completion of an unexpired term through election counts as a full term, in line with constitutional expectations and the Supreme Court’s reasoning in Marwa v. Nyako . This ensures that the democratic principle of term limits is respected at the local government level, just as it is at the state and federal levels.

"Analysis of Section 28(4): Vice-Chairman’s Succession Treated as Full Term, ‘Where the Vice-Chairman or any person takes over the office of the Chairman on the death or impeachment of the Chairman for the remainder of the term in office, such term shall be counted as a full term for the person taking over the office of the Chairman.’”

The senior lawyer stated that the section clarifies a crucial issue.

"The 2015 Law, in Section 24, permitted the Vice-Chairman to assume the role of Chairman upon vacancy due to death or removal, but did not state whether that tenure would count as a term,” he said. “The silence of the previous law again left room for manipulation by Vice-Chairmen or placeholders who could serve out a term and still contest twice more.

He said, "By contrast, the 2025 Law closes this loophole, making it clear that any assumption of the Chairmanship, regardless of duration, is counted as a full term.

“This provision is constitutionally sound, drawing strength from Section 180(2) of the Constitution (by analogy), and echoes Section 146(1), which governs the succession of a Vice-President to the Presidency. The Supreme Court’s position in Marwa v. Nyako makes it clear that the manner of assumption does not affect the constitutional limit of two terms.”

Falana explained that, unlike the repealed Cap L82, which contained no saving clause, this provision ensures legal continuity and protects the validity of actions carried out under the old law before its repeal.

"It reflects established legal principles that laws should not have retrospective invalidating effects, except where expressly stated, and aligns with the rule of law and legitimate expectation doctrines,” he said.

"This provision is also consistent with general constitutional jurisprudence. The courts have long maintained that transitions between laws should not automatically vitiate prior legitimate acts, especially in administrative law contexts."

Falana said that the Lagos State Local Government Administration Law, 2025, is a well-drafted and timely legislative update that corrects long-standing ambiguities in the local government legal framework.

"By explicitly aligning with the tenure limitation doctrine articulated in Marwa v. Nyako and by drawing analogical strength from the 1999 Constitution, the new law enhances the transparency, accountability, and democratic legitimacy of local governance in Lagos State.

"Not only does it clarify that any form of succession counts as a full term, it also ensures that past administrative acts are protected, thereby upholding the rule of law. Overall, the 2025 Law represents a constitutional model for other states seeking to modernize and democratize their local government laws," he added.