Anambra Councillors Challenge Two-Year Tenure Law in Court

(Anambra councillor. Photo by News Express)

About 56 serving councillors in Anambra State on Tuesday filed a petition contesting the constitutional validity of the state government’s decision to limit the tenure of elected Local Government officials to two years.

The plaintiffs joined the state Attorney General, the Anambra State House of Assembly, and the Anambra State Independent Electoral Commission as first, second, and third defendants in action no. A/261/2026, which is currently ongoing before the State High Court in Awka.

The legislators contend that Section 7(1) of the 1999 Constitution, which ensures a democratically elected local government system, is violated by Section 110(A) of the Anambra State Electoral (Amendment No. 3) Law, 2024.

According to the plaintiffs, the Constitution pronounces a secure and stable tenure for elected local government officials and does not permit state authorities to arbitrarily cut short their mandate.

They are asking the court to strike down the controversial section of the state electoral law, describing it as unconstitutional, null and void.

Among other reliefs, the plaintiffs are seeking a declaration that the system of local government guaranteed under Section 7(1) of the 1999 Constitution (as amended) contemplates a secure, stable and reasonable tenure capable of promoting effective grassroots governance, and does not permit its life cycle to be arbitrarily truncated by state actors.

They are also seeking a declaration that Section 110(A) of the Anambra State Electoral (Amendment No. 3) Law, 2024, which limits the tenure of democratically elected Local Government Chairmen, Deputy Chairmen and Ward Councillors in the state to two years, is inconsistent with Section 7(1) of the Constitution and therefore unconstitutional, null, void and of no legal effect.

The plaintiffs further seek an order striking down, invalidating and expunging Section 110(A) of the law from Anambra State's statutes on the grounds that it conflicts with the Constitution.

Other reliefs sought include an order declaring that the plaintiffs, along with all democratically elected local government officials, are entitled to a secure and uniform four-year tenure, in line with what applies to elected officials at the federal and state levels.

They are also seeking a perpetual injunction restraining the defendants, their agents or anyone acting on their behalf, from dissolving, terminating or interfering with the tenure of elected local government councils upon the expiration of two years.

As well as an order restraining the third defendant from taking any steps, publishing any timetable, or conducting any election aimed at replacing the plaintiffs before the expiration of their full four-year tenure.

The suit comes just over a month before the local government elections scheduled for August 29.

It will be recalled that in September 2024, the Anambra State House of Assembly amended the State Electoral (Amendment No. 3) Law 2024 to fix the tenure of Local Government Chairmen and Councillors at two years.

The amendment, passed during plenary in Awka, marked the third time the state's electoral law had been amended. Lawmakers said the process followed the Standing Order of the House under Order 74, clause one, which permits all three readings to be completed in one day with the approval of a two-thirds majority of members present.