CONSTITUTIONAL LAW – CONSTITUTIONAL VALIDITY OF LEGISLATION – Whether Section 12(1) and (2) of the Local Government Law Cap 109 Revised Laws of Enugu State 2004 and Section 6(1) of the Local Government Area (Creation and Transition) Provision Law, CAP 110, Revised Law of Enugu State, 2004 granting power to the Governor of Enugu State to remove democratically-elected Chairmen of Local Government Councils and replace them with caretaker committee is inconsistent with Section 7 of the Constitution of the Federal Republic of Nigeria, 1999

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“The position of the law is very explicit that by virtue of the provision of Section 1 (1) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Constitution which is the grundnorm and fountain of all laws in Nigeria is supreme. Any other law which is inconsistent with the provision of the Constitution is, to the extent of such inconsistency, void. See Egbuchu v. Continental Merchant Bank Plc (2016) 8 NWLR (pt. 1513) 192: Ochala v. Federal Republic of Nigeria (2016) 17 NWLR (pt 1591) 169. In the instant appeal, Section 12 (1) and (2) of the Local Government Law, Cap 109, revised Laws of Enugu State 2004 and Section 6 (1) of the Local Government Area, (Creation and Transition) Provisions Law, Cap 110, Revised Laws of Enugu State which purportedly empowers the Governor to appoint caretaker or Transition Committees out of which Chairmen shall be appointed to oversee the affairs of the seventeen (17) Local Government councils of the State for an arbitrary period of time, is inconsistent with the express provision of Section 7 of the 1999 Constitution which guarantees the tenure of democratically elected Local Government Council officials. It is, to the extent of the inconsistency, void and I so hold.” Per OKORO, JSC in APC & ORS v. ESIEC & ORS (2021-LCER-40460-SC) (Pp 55 – 56 Paras D – D).

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