CONSTITUTIONAL LAW – CONSTITUTIONAL VALIDITY OF LEGISLATION – Whether Section 12(1) and (2) of the Local Government Law of Enugu State granting power to the Governor of Enugu State to remove democratically-elected Chairmen of Local Government Councils and replace them with caretaker committees is inconsistent with Section 7 of the Constitution of the Federal Republic of Nigeria, 1999

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“The provisions of 12 (1) and (2) of the Local Government Law of Enugu State empower the Governor to appoint Caretaker or Transition Committees for the Local Government Areas of the State. By the combined effect of Section 7(1) and Section 1(3) of the 1999 Constitution (as amended), any legislation that empowers the Governor of a State or any other person or authority to truncate a democratically elected Local Government Council is unconstitutional, null and void. See GOVERNOR OF EKITI STATE V. OLUBUNMO (2017) 13 NWLR (PT. 1551) 1; EZE & ORS V. GOVERNOR OF ABIA STATE & ORS (2014) LPELR-23276 (SC). I therefore hold that Section 12 (1) and (2) of the Local Government Law of Enugu State is inconsistent with the provisions of Section 7 (1) and (4) of the 1999 Constitution (as amended) and are therefore unconstitutional, null and void.” Per JAURO, JSC (Pp 75 – 75 Paras A – E).

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