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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“With reference to Section 7(1) of the 1999 Constitution, as amended, this Court, per Nweze, JSC, (supra) held: “Now, 7(1) (supra) provides thus: The system of Local government by democratically elected Local government councils is under this Constitution guaranteed; and accordingly, the Government of every State shall, subject to Section 8 of this Constitution, ensure their existence under a law, which provides for the establishment, structure, composition, finance and functions of such council. (Emphasis by His Lordship) … Having thus guaranteed the system of Local government by democratically-elected Government councils, the Constitution confers a toga of sacra-sanctity on the elections of such officials whose electoral mandates derive from the will of the people freely exercised through the democratic process. Put differently, the intention of the Constitution is to vouchsafe the inviolability of the sacred mandate, which the electorate at that level, democratically donated to them. Eze & Ors. vs Governor, Abia State & Ors. (2014) 14 NWLR (Pt.1426) 192.” His Lordship stated further at 34-35 H-A (supra): ‘By employing the auxiliary verb “shall”) the draftsperson of Section 7(1) (supra), surely intended to impose (and actually imposed) an obligation on the States to ensure the continued existence of Local Government councils which are democratically elected.” My Lords, the erudite reasoning above is a complete answer to the first question posed by the appellants. It has been settled beyond any equivocation that the continued existence of democratically elected local government councils is sacrosanct, non-negotiable and cannot be tempered with by any authority whatsoever. It follows therefore, that any law made by the Enugu State House Assembly, which attempts to impose non-democratically elected persons on the citizens of the State is the antithesis of the existence democratically elected local government councils constitutionally guaranteed. In other words, the provisions of 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, 2004, as amended by Section 2 of the Local Government Area (Amendment No.5) Law of Enugu State, 2010 published in Enugu State of Nigeria Official Gazette No.3 vol.19, 2010, which allows the 3rd respondent to appoint Caretaker or Transition Committees out of which chairmen shall be appointed, for an arbitrary period of time, is in violent conflict with Section 7(1) of the 1999 Constitution, as amended and is therefore null and void.” Per KEKERE-EKUN, JSC in APC & ORS v. ESIEC & ORS (2021-LCER-40460-SC) (Pp 49 – 52 Paras F – B).

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