Hon. Ikenga Imo Ugochinyere, a constitutional lawyer and member of the Opposition Lawmakers Coalition, has alleged a controversial attempt by outgoing Local Government Council Chairmen in Rivers State to secure a court injunction allowing them to continue receiving monthly allocations post-tenure. This move, he argues, is both unconstitutional and a brazen affront to the rule of law.
Ugochinyere, representing Ideato North/South Federal Constituency of Imo State in the House of Representatives, disclosed that the injunction request was filed late Friday at the Federal High Court in Abuja by a pro-Wike faction. He called on the Chief Judge of the Federal High Court, Justice John Tsoho, to ensure the court does not entertain this suit, which he described as a desperate attempt to circumvent constitutional limits.
“My attention has been drawn to a secret court process filed around 4pm at the close of work at the Federal High Court, Abuja by a pro-Wike group, seeking an order that will allow them access to the Local Government allocation of Rivers State,” Ugochinyere stated. “This suit aims to let these individuals continue to access statutory LGA allocations even after their tenure has expired. This is a clear attempt to unlawfully extend their financial benefits.”
Ugochinyere expressed incredulity at the audacity of the council chairmen, pointing out that any attempt to extend their tenure beyond the constitutional mandate is illegal. He highlighted a recent Rivers State High Court ruling that declared such extensions unconstitutional.
“It was earlier this week when the presiding judge, Justice Daketima Gabriel Kio, in Suit No: PHC/1320/CS/2024, held that the Local Government Law No. 2 of 2024, purporting to extend the tenure of Local Government Council Chairmen for an additional six months after the expiration of their tenure, was invalid. This law is inconsistent with the 1999 Constitution and the Rivers State Local Government Law No. 5 of 2018,” Ugochinyere noted.
The Rivers State High Court’s decision reaffirmed that the tenure of local government chairmen is fixed at three years, as per the 2018 law. Ugochinyere urged the judiciary to uphold this ruling and prevent any attempts to undermine the legal framework.
“I call on the Chief Judge of the Federal High Court to check this suit and ensure the Federal High Court is not embarrassed again by these desperate Abuja politicians. We are watching. At the midnight of the expiration of the tenure of the present LGA Chairmen, nothing on earth can make them parade as LGA Chairmen. The law is the law. You can’t extend your tenure while in office. It has never happened in Nigeria and can’t start with Rivers State. Constitutional democracy is sacred and will be protected,” he declared.
The attempt by the outgoing chairmen to extend their benefits through a court injunction represents a significant challenge to Nigeria’s legal and political systems. As Ugochinyere has pointed out, upholding the integrity of the judiciary and respecting constitutional limits are essential for the maintenance of democracy and the rule of law in Nigeria. The nation now watches closely to see how this legal challenge will unfold.
