By joshua Court Upholds Kogi Govt’s Powers On LG Tenure, Dismisses Suit Challenging 2-Year, 3-Year Terms
A Koton-Karfe High Court has dismissed the suit challenging the tenure of Local Government Administration in Kogi State, holding that the Kogi State Electoral Law is not inconsistent with the provisions of the Electoral Act and the 1999 Constitution as amended.
In his judgment, Justice Aminu Eri ruled that the Claimant failed to establish any inconsistency between the State Law, the Electoral Act and the Constitution, noting that the Claimant’s submissions were hinged on assumption and on the tenure applicable to FCT Area Councils.
The suit, instituted by a former Councillor in Ibaji Local Government Council who challenged his removal after two years in office, sought an interpretation of Section 50 of the Kogi State Local Government Law 2023 and Sections 25 and 26 of the Local Government Law as amended in 2025.
The Claimant, through his legal team led by J.A. Akubo, SAN, alongside T.U. Odoma, S.S. Udaa and A.O. Apeh, had argued that the two-year and three-year tenures provided by the state laws violate Section 7 of the 1999 Constitution and should be extended to four years in line with the Electoral Act 2026, which provides four-year tenure for FCT Area Councils. He relied on Sections 112 and 253 of the Electoral Act 2026.
The defendants, the Kogi State Government, the State Independent Electoral Commission, SIEC, and the Kogi State House of Assembly, represented by Dr. Abdulwahab Zakari, O.O. Adegboyega, V.A. Shaibu and S.A. Abbas, counsel to the third defendant, argued that the amended Constitution empowers the State House of Assembly to make laws for the conduct of Local Government elections and that at no time did the State breach the Constitution.
Justice Eri in his ruling held that the Constitution did not expressly stipulate the tenure of Local Government Chairmen, Vice Chairmen and Councillors, and that the powers to legislate on such matters reside with the State House of Assembly.
The court consequently dismissed the suit for lacking merit.
Reacting to the judgment, counsel to the Kogi State House of Assembly, S.A. Abbas, and Dr. Abdulwahab Zakari hailed the decision, saying it reinstated the powers of the State House of Assembly on issues of tenure as it pertains to Council Chairmen, Vice Chairmen and Councillors.
In her remarks, counsel to the Claimant said they would study the judgment, noting that the implication of the ruling is that the Kogi State law is not inconsistent with the provisions of the Electoral Act and the Constitution.
The matter, which had earlier come up on Wednesday before Justice Eri with preliminary applications, motions and affidavits adopted, was adjourned to Friday, 10th October, 2026 for judgment before the final ruling was delivered.