Few months ahead of the local government elections scheduled for September 2026 by the Plateau State Independent Electoral Commission, the two-year term for local government chairman provided under state laws unconstitutional has been notified by a Plateau State High Court sitting in Jos, following a directive from the Chief Judge of Plateau State, that the two-year tenure provision be discarded.
Delivering judgment on Friday, lJustice David Mann, held that the two-year tenure contained in the Plateau State Local Government Law and the Plateau State Independent Electoral Commission Law contradicts constitutional provisions guaranteeing a democratically elected local government system.
Justice Mann ruled that the tenure stipulated under the state legislation was inconsistent with Section 7(1) of the 1999 Constitution (as amended), which provides for a democratically elected local government system.
The court consequently directed that the two-year tenure provision be discarded. Justice Mann ruled that the tenure stipulated under the state legislation was inconsistent with Section 7(1) of the 1999 Constitution (as amended), which provides for a democratically elected local government system.
According to the court, any law that undermines the constitutional framework guiding local government administration cannot stand. The judge therefore declared the relevant provisions in the Plateau State Local Government Law and the Plateau State Independent Electoral Commission Law invalid to the extent of their inconsistency with the constitution. The ruling followed a suit filed by the Chairman of the Association of Local Governments of Nigeria in Plateau State and Chairman of Wase Local Government Area, Anani Hamisu Mohammed.
Mohammed had approached the court to challenge Section 23(1) of the PLASIEC Law and Section 38 of the Plateau State Local Government Law, which prescribe a two-year tenure for elected local government chairmen in the state. He argued that the provisions conflict with Sections 112 and 153 of the Electoral Act and Section 7(1) of the 1999 Constitution, which collectively safeguard the structure and democratic nature of local government administration.
In its judgment, the court held that the two-year tenure undermines the constitutional framework for local government governance and therefore cannot be sustained. Justice Mann maintained that the constitution envisages a stable and democratically structured local government system, adding that the shorter tenure provided by the state laws falls short of that expectation. The court consequently restored a four-year tenure for elected local government chairmen in Plateau State.
The ruling comes
. With the judgment, successful candidates in the forthcoming election will now serve a four-year tenure instead of the two-year term previously provided by state laws.
