News
Niger Govt draged to court over reduction in tenure of LG Chairmen

By Daniel Ebi, Minna,
The Niger State Government has been served with court papers over the constitutionality of its Local Government Law, specifically Section 29 (1) and (2) of the Niger State Local Government Law, 2001 (as amended).
The Court documents which were obtained by our Correspondent, stipulates a three-year tenure for elected chairmen and councillors in the state’s 25 local government areas.
According to the originating summons filed before the Federal High court Abuja, the plaintiffs are seeking judicial interpretation and nullification of the law.
The plaintiffs, argued that the three-year term provided by the Niger State legislation contradicts Section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and Sections 108 and 150 of the Electoral Act, 2022, both of which provide for a uniform four-year tenure for all democratically elected local government councils in the country.
The plaintiffs are relying on Paragraph 1 of Part II of the Second Schedule to the 1999 Constitution, which places matters related to the “formation, structure, composition, finance and functions of local governments” within the scope of the National Assembly.
They argue that the Niger State Government, by enacting Section 29 to limit tenure to three years, overreached its powers and enacted a provision inconsistent with superior federal legislation.
Furthermore, the court papers question whether the Niger State Government and its agents including the State House of Assembly and the Niger State Independent Electoral Commission (NSIEC can lawfully fix or reduce the tenure of elected officials without violating the constitutional guarantee of a four-year term.
At the heart of the suit is the planned November 1, 2025 local government elections, which the Niger State Government and NSIEC are preparing to organize.
According to the plaintiffs, they contended that conducting such elections before the expiration of the current chairmen and councillors’ four-year term would be unlawful and constitute an unconstitutional truncation of their mandate.
The case, therefore, seeks a court order restraining the state government and its agencies from proceeding with the election, until the current officials complete their constitutionally protected term.
Legal experts believe this case could have far-reaching implications.
A ruling in favor of the plaintiffs would not only invalidate the three year tenure provision in Niger State but also compel other states with similar laws to review and possibly amend them in line with federal laws.
The plaintiffs are urging the court to declare Section 29 (1) and (2) of the Niger State Local Government Law unconstitutional, null and void, as it conflicts with national laws and undermines the principles of democratic governance.
They also cite previous legal precedents and refer to provisions of the Niger State Independent Electoral Commission (Miscellaneous Provisions) Amendment Law, 2008, arguing that tenure-related matters fall under federal legislative competence, and any deviation must be struck down.
As of the time of this report, the Niger State Government has yet to release an official response. However, sources within the Ministry of Justice and the State Assembly suggest internal legal consultations are ongoing.
Political analysts observe that this development adds a new layer of legal challenge to the Bago administration’s local government transition plans and could trigger a broader constitutional debate on the autonomy of states in regulating the tenure of elected local officials.
The court is expected to fix a hearing date soon, and all eyes will be on the judiciary to deliver a verdict that may clarify the boundaries of state and federal powers regarding local government administration in Nigeria.