A Plateau State High Court sitting in Jos has ruled that local government chairmen in the state must serve a four-year tenure, declaring the two-year term provided under state laws unconstitutional.
Delivering judgment on Friday, the Chief Judge of Plateau State, Justice David Mann, said the two-year tenure contained in the Plateau State Local Government Law and the Plateau State Independent Electoral Commission Law contradicts constitutional provisions that guarantee a democratically elected local government system.
The court therefore directed that the two-year tenure provision be removed.
The judge ruled that the tenure stated under the state legislation is inconsistent with Section 7(1) of the 1999 Constitution (as amended), which provides for a democratically elected local government system.
According to the court, any law that weakens the constitutional structure guiding local government administration cannot stand.
Justice Mann therefore declared the relevant provisions in the Plateau State Local Government Law and the Plateau State Independent Electoral Commission Law invalid to the extent that they conflict with the constitution.
The ruling followed a suit filed by the Chairman of the Association of Local Governments of Nigeria in Plateau State and Chairman of Wase Local Government Area, Anani Hamisu Mohammed.
Mohammed had approached the court to challenge Section 23(1) of the PLASIEC Law and Section 38 of the Plateau State Local Government Law, which set a two-year tenure for elected local government chairmen in the state.
He argued that the provisions conflict with Sections 112 and 153 of the Electoral Act and Section 7(1) of the 1999 Constitution, which protect the structure and democratic nature of local government administration.
In its judgment, the court held that the two-year tenure weakens the constitutional framework for local government governance and therefore cannot be sustained.
Justice Mann said the constitution envisions a stable and democratically structured local government system, adding that the shorter tenure provided by the state laws does not meet that expectation.
The court therefore restored a four-year tenure for elected local government chairmen in Plateau State.
The ruling comes months before the local government elections scheduled for September 2026 by the Plateau State Independent Electoral Commission.
With the judgment, successful candidates in the upcoming election will now serve a four-year tenure instead of the two-year term previously provided under state laws.
