A group of 56 serving ward councillors in Anambra State has approached the State High Court in Awka to challenge the legality of a state law that limits the tenure of elected local government officials to two years.
The suit, filed on Tuesday, names the Attorney General of Anambra State, the Anambra State House of Assembly and the Anambra State Independent Electoral Commission as the defendants in the case marked A 261 2026.
The councillors argue that Section 110A of the Anambra State Electoral Amendment Number Three Law 2024 is inconsistent with Section 7 subsection 1 of the 1999 Constitution, which guarantees a democratically elected local government system. According to them, the Constitution provides for a secure and stable tenure for elected local government officials and does not permit state authorities to arbitrarily reduce their time in office.
They are asking the court to declare the disputed provision unconstitutional, null and void, insisting that it has no legal effect because it conflicts with the nation’s supreme law.
As part of the reliefs sought, the plaintiffs want the court to affirm that the constitutional framework for local government administration guarantees a secure and reasonable tenure capable of promoting effective governance at the grassroots. They maintain that a two year term undermines that objective and weakens the stability of local government administration.
The councillors are also requesting an order striking Section 110A from the laws of Anambra State. They further want the court to declare that elected local government chairmen, deputy chairmen and ward councillors are entitled to a uniform four year tenure, similar to that enjoyed by elected officials at both the state and federal levels.
In addition, the plaintiffs are seeking a perpetual injunction preventing the state government, its agencies or anyone acting on their behalf from dissolving or interfering with the tenure of elected local government officials after two years. They also want the court to restrain the Anambra State Independent Electoral Commission from publishing an election timetable or conducting polls to replace them before the completion of what they describe as their constitutional four year tenure.
The legal action comes just weeks before the local government elections scheduled for August 29, a development that could influence preparations for the exercise if the court delivers a ruling before the polls.
The disputed law was enacted in September 2024 when the Anambra State House of Assembly passed the State Electoral Amendment Number Three Law, fixing the tenure of local government chairmen and councillors at two years. It marked the third amendment to the state’s electoral law, with lawmakers stating that the bill passed through all legislative stages in one sitting in line with the House Standing Orders after securing the required majority support.
