A group of 56 serving ward councillors in Anambra State has asked the State High Court in Awka to nullify a law that limits the tenure of elected local government officials to two years, arguing that it is inconsistent with the provisions of the Nigerian Constitution.
The councillors filed the suit on Tuesday, naming the Attorney General of Anambra State, the Anambra State House of Assembly and the Anambra State Independent Electoral Commission as the first, second and third defendants respectively in the case marked A 261 2026.
At the centre of the legal challenge is Section 110A of the Anambra State Electoral Amendment Number Three Law 2024. The plaintiffs argue that the provision conflicts with Section 7 subsection 1 of the 1999 Constitution, which guarantees a democratically elected local government system across the country.
According to the councillors, the Constitution envisages a stable and protected tenure for elected local government officials and does not empower state authorities to shorten their mandate through state legislation. They are therefore asking the court to declare the disputed section unconstitutional, null and without any legal effect.
Among the reliefs being sought is a declaration that elected local government officials are entitled to a secure and reasonable tenure capable of promoting effective administration at the grassroots. They insist that the current two year tenure falls short of that constitutional expectation.
The plaintiffs are also asking the court to strike out Section 110A from the state’s laws, maintaining that it is inconsistent with the Constitution. In addition, they want the court to affirm that elected local government chairmen, deputy chairmen and ward councillors should enjoy a uniform four year tenure similar to elected officials at both the federal and state levels.
They further requested a perpetual injunction preventing the defendants, their representatives or any other persons acting on their behalf from dissolving or interfering with the tenure of elected local government officials after only two years in office.
The suit also seeks an order restraining the Anambra State Independent Electoral Commission from releasing an election timetable or conducting fresh local government elections to replace the current office holders before the completion of what they describe as their constitutional four year tenure.
The legal action comes a little over one month before the local government elections scheduled for August 29, a development that could have significant implications for the planned exercise if the court rules in favour of the plaintiffs.
The disputed law was enacted in September 2024 after the Anambra State House of Assembly passed the State Electoral Amendment Number Three Law. The legislation, which fixed the tenure of local government chairmen and councillors at two years, marked the third amendment to the state’s electoral law. Lawmakers said the bill passed through all three readings during plenary in line with the House Standing Orders after receiving the required support from members.
