Justice Joel Agya, the Taraba chief judge, on Thursday, dismissed a suit challenging the state Local Government Amendment Law (LGAL), 2023.

Delivering the judgement in suit No. TRSJ/45/2024, Mr Agya said the state assemblies have the power to amend laws guiding local government administration.

He said the position of section 108(1) of the Electoral Act 2022 was unambiguous about which level of the legislature should regulate the conduct of local government elections, the tenure of local government executives, and the legislature and its amendments.

According to the judge, section 108(1) of the Electoral Act 2022 clearly distinguishes between local government councils and area councils.

He added that section 108(1) of the Electoral Act Amendment 2022 had also listed the area councils to include Abaji, Abuja Municipal, Bwari, Gwagwalada, Kuje, and Kwali.

He further stated that section 318 of the same constitution has limited the area councils only to Abuja.

Mr Agya added that the total number of local government councils was 768, while six area councils were limited to the Federal Capital Territory (FCT), Abuja.

He, however, accepted the fact that the constitution of the federation made provision for the creation of the local government administration.

According to him, the constitution is silent on the tenure of local government, which has given the state assemblies the legal justification to amend local government tenure and administration laws.

The chief judge recalled that the originating summons issued by Bilyaminu Maihanchi sought the court to declare that sections 15 and 38(2) of the Taraba State Local Government Amendments Law 2023 were inconsistent with the provisions of Sections 108(1) and 150 of the Electoral Act 2023.

Mr Agya said the plaintiff also sought an order mandating the third and fourth defendants to cause an amendment to the Taraba State Local Government (Amendment) Law 2023.

He also said the plaintiff sought an order of perpetual injunction restraining the first and fourth defendants or any functionaries or agencies of the executive or legislative arm of the state from dissolving local government chairs and legislative councils of 16 local government areas.

Mr Agya quoted the lawyer as saying that such would violate the provisions of section 7(1) of the Constitution of the Federal Republic of Nigeria and section 108(1) of the Electoral Act 2022, among others.

Mr Maihanchi, on April 19, 2024, approached the Taraba State High Court and sued the Taraba State governor as the first defendant and the Attorney General of the state as the second defendant.

Others are the speaker of the Taraba State Assembly, as the third defendant; the Taraba State House of Assembly, as the fourth defendant; and the Taraba State Independent Electoral Commission, as the fifth defendant.

Dickens Shintema, principal state counsel, who represented the first, second and fifth defendants, commended the judgment.

Efforts to speak to Mohammed Danlami, counsel to the plaintiff, proved abortive as he declined to comment.

(NAN)