By joshua 
2026 Kogi Council Election: Barr. Suru Makes Presentation At SIEC Stakeholders Meeting
… Described Supreme Court Judgment As landmark ruling supporting financial, administrative
autonomy of Local Governments.
The Judgement that issued a
landmark ruling supporting financial and administrative
autonomy of Local Governments in Nigeria has been commended by Barr. Bamidele Suru, urged for effective implementation.
A Legal Luminarian and Consultant to Kogi State Independent Electoral Commission made the disclosure at a stakeholders engagement organized by the SIEC preparatory to the issuance of notice of election as well as other preparation ahead the 2026 Local Government Election.
Barr. Sure said the Court declared it
unconstitutional for State Governors to withhold funds allocated to Local Governments, to dissolve Local Government Councils or to appoint Caretaker Committees and Sole Administrator, expressed appreciation to the State Governor and the SIEC for being the first to implement the Supreme Court Judgment.
In a paper presentation titled: DYNAMISM OF ELECTORAL JURISPRUDENCE FOR DEMOCRATIC DEVELOPMENT
BEING A PAPER PRESENTATION DURING STATUTORY NOTICE OF
ELECTION PRESENTATION ON 2026 LOCAL GOVERNMENT ELECTIONS
Below is the full text of the presentation.
DYNAMISM OF ELECTORAL JURISPRUDENCE FOR DEMOCRATIC DEVELOPMENT
BEING A PAPER PRESENTATION DURING STATUTORY NOTICE OF
ELECTION PRESENTATION ON 2026 LOCAL GOVERNMENT ELECTIONS
PROTOCOL
Today marks the beginning of another democratic exercise into the annals of instituting democratic governance in our Local Government system in Kogi State.
This is a test case for the decision
of Supreme Court in the celebrated case of AG of Federation vs AG of States of the Federation delivered on 1st July, 2024, where the Supreme Court made succinct pronouncement on continuous governance of Nigeria Local Government system by democratic
structure, pursuant to the provisions of section 7 of 1999
Constitution (as amended). The Nigeria Supreme Court issued a
landmark ruling supporting financial and administrative
autonomy of Local Governments. The Court declared it
unconstitutional for State Governors to withhold funds allocated to Local Governments, to dissolve Local Government Councils or to appoint Caretaker Committees and Sole Administrator.
This reform is transformational as the usurpation of democratic
governance in the Nigerian Local Government system has taken job
away from State Independent Electoral Commissions. Most SIEC offices immediately after election are deserted and no one knows
when the next election is going to be conducted. This systemic character of uncertainty has been erased by the Apex Court, else
today’s exercise would not be possible.
Kogi State Independent Electoral Commission is blazing the trail as
the first State Commission since the decision of the Supreme Court
to provide a virile, comprehensible and pragmatic electoral
jurisprudence in Nigeria, hence Kogi State under the dynamism of
Alh. Usman Ododo, the Executive Governor of Kogi State, presented
a Bill to the people’s oriented House of Assembly under the
dependable and hardworking “Assignment” Speaker Rt. Hon. Aliyu
Umar Yusuf, for the passage of what we are now having as Kogi State Independent Electoral Commission Law, 2025.
Kogi State Independent Electoral Commission Law 2025, was
enacted and passed into law and assented to by His Excellency, the Executive Governor of Kogi State on 25th July, 2025, ushering in a
virile and seamless electoral jurisprudence, first of its kind in
Nigeria of which many States of the Federation are looking up to Kogi State for their own reforms and electoral restructuring, in line with the provisions of Electoral Act 2022.
3. These efforts cannot be positive if not for the hardworking
egalitarian Chairman of this Commission, Hon. Mamman Nda Eri, whom I called “Double Chair” who is currently the National Chairman of Forum of State Independent Electoral Commissions of
Nigeria (FOSIECON), with the synergy of Electoral Commissioners, this State Commission was able to produce a legal framework for
the actualization of viable and credible electoral system.
4. Our electoral system in Nigeria is developing, and as long as this
development is moving the system forward, State Electoral Commissions would not be left out in the far reaching reforms that is gushing out of the National Assembly and the State Assemblies
pursuant to the provisions of 150 of the Electoral Act which made
allusion to the enacting constitutional power given under the
provisions of Paragraph 11 of Part II of the Second Schedule to the
1999 Constitution (as amended).
5. The provisions of section 150 of the Electoral Act 2022 has handcuffed the exercise of electoral functions to be in tandem with
the procedure regulating elections conducted by INEC to Area Councils in the Federal Capital Territory under the Electoral Act
2022. Hence, such exercise shall be “the same and apply with equal force as the procedure regulating elections conducted to Local Government Areas under this Act”.
6. The rationale behind section 150(3) of the Electoral Act 2022, which made any election to a Local Government to be conducted in
line with provisions of the Act and where it’s violated renders such election invalid, is still a mirage; though it’s a platform for
instituting a uniform and systemic electoral jurisprudence
nationwide, yet its conformity with constitutional recognition as very doubtful.
7. Based on the compulsory mandate given to the State Commissions
in section 150(2)(3)(4) of the Electoral Act, it beholves on us as
Legislative Draftsmen, Electoral Attorneys to prepare workable
draft, domesticated in compliance with procedure regulating
elections in our Kogi State Electoral Law.
8. As Legislative Draftsmen that must understand the language of the
Constitution and be able to dissect the constitutional jurisdiction
of States and National Assemblies, it’s very important and
instructive to maintain a balance between the two and allot each
Legislative House its constitutional assignment.
In this connection, what the Electoral Act 2022 safeguarded for our electoral uniformity and systemic adherence is “PROCEDURE
REGULATING ELECTIONS”. This does not include provisions of
legal framework for the following:
1. Administrative and financial operations of the State
Commission.
2. Operation of Recall exercise if any.
3. Delineation of Wards for electoral exercise.
4. Strengthen of independence of State Commission.
5. Organization of Secretariat of the State Commission.
6. Staff matters and its disciplinary system.
7. Expenditure and management of election.
8. Electoral offences.
9. Election petitions.
9. The above provisions are contained in Part I – III, V & VI of the Kogi
State Independent Electoral Commission Law 2025.
On the issue of procedure of Local Government elections, this is
contained in Part IV of the State Law.
Since it’s an offence for any official of a State Commission not to comply with the provisions of section 150 and any contravention
of the provisions can lead to conviction under the Act, the drafters of the State Commission Law must exercise a level of drafting
discipline in knowing the boundary lines, to avoid the riotous
legislative exercise.
10. This forum is not going to provide enough time for us to discuss in
details the content and context of the germane provisions of Kogi State Independent Electoral Commission Law 2025, the
Commission will make adequate provision for this exercise soonest.
GRANTING FINANCIAL AUTONOMY
As one of the dynamism of His Excellency, Alh. Usman Ododo’s
alluding to the Supreme Court judgement on autonomy of Local
Government system, the same exercise has been extended to Kogi State Independent Electoral Commission.
The reform has injected a monthly deduction of 1% from total revenue for the funding of Local Government electoral system and
10% deductible sum from total revenue of the 21 Local
Government Councils 3 months before the general election. This
has erased the hitherto cap in hands that has dampened the morale and independence of most State Commissions at the detriment of
free, fair and credible elections.
Secondly, the States are given compulsory mandate to appropriate
for State Commission with a caveat that such sum of money shall be provided 6 months before the general election; to compliment
the 1% monthly deductions and 10% of 3 months to the general election of total revenue of Kogi State Local Government Councils.
With these sources of funding, Kogi State Independent Electoral
Commission has no excuse not to perform optimally, and they
should boost the confidence reposed on them by His Excellency, by
making this State proud in guaranteeing democratically elected Councils as at when it’s statutorily provided.
The State Commissions are enjoined to work within their
disbursement regulations provided, be fiscal disciplined and ensure that the principles of accountability and transparency is
adhered to.
I want to appreciate you all for your listening and wishing you all
useful deliberation into the programme of 2026 Local Government
elections.
Bamidele O. Suru LL.M B.L MCIArb (UK)
FCAI (Electoral Attorney).
REFERENCES
AG of Federation vs AG of 36 States of the Federation.
Constitution of the Federal Republic of Nigeria 1999 (as amended).
Electoral Act 2022.
Kogi State Independent Electoral Commission Law 2025.
Kogi State Independent Electoral Commission Regulation 2025 on Cash Disbursement.