By joshua Court Fixes Friday For Judgment In Suit Challenging Tenure Of Kogi LG Councils
The Kogi State High Court, Koton-Karfe, has fixed Friday, October 9, 2026, for judgment in a suit challenging the tenure of Local Government Councils in the state.
The suit was filed by a former Councillor in Ibaji Local Government Area who is contesting his removal from office after two years.
The claimant contends that his removal is null and void and contrary to the provisions of the 1999 Constitution as amended and the Electoral Act 2026.
The matter came up on Wednesday before Justice Aminu Eri, who admitted preliminary applications, motions and affidavits filed by parties.
The claimant’s legal team was led by J.A. Akubo, SAN, alongside T.U. Odoma, S.S. Udaa and A.O. Apeh, while the State was represented by Dr. Zakari, O.O. Adegboyega and V.A. Shaibu.
After adopting preliminary submissions, Justice Eri adjourned the matter to Friday for judgment.
The suit is against the Kogi State Government, the State Independent Electoral Commission (SIEC) and the Kogi State House of Assembly, challenging Section 50 of the Local Government Law 2023 and Sections 25 and 26 of the Law as amended in 2025.
According to the claimant, the laws which provide for two-year and three-year tenures violate Section 7 of the 1999 Constitution as amended.
“The contention of the petitioner is that the two or three-year tenure provided by the state laws is inconsistent with the Constitution. It should be extended to four years in line with the Electoral Act 2026, which provides for four-year tenure for FCT Area Councils, and stipulates that the procedure for Local Government Councils should be the same as other tiers,” Akubo said.
He hinged his argument on Sections 112 and 253 of the Electoral Act 2026, which he said are applicable by virtue of Section 7 of the Constitution, adding that the respondents filed their processes out of time.
In their argument, lawyers to the defendants said the amended Constitution empowers the State, through the State House of Assembly, to make laws for the conduct of Council elections and that at no time did it breach the Constitution.
Justice Eri thereafter adjourned for judgment.