Two indigenes of Kogi have prayed the Federal High Court in Abuja to restrain Governor Ahmed Usman Ododo from dissolving the tenure of the 21 chairmen of the local government areas (LGAs) in the state.
They also sought an order of perpetual injunction restraining the defendants from appointing or imposing careraker or interim committees to run the affiars of the LGAs after the incumbent chairmen would have stayed in office for two years.
The News Agency of Nigeria (NAN) reports that the plaintiffs; Mustapha Abdul and Ahmed Haruna, through their lawyer, I. Ibrahim, filed the suit marked: FHC/ABJ/CS/1490/2026, on July 10.
They sued the Governor of Kogi, Attorney-General of Kogi, Kogi State House of Assembly, Independent National Electoral Commission (INEC) and Stete Independent Electoral Commission (SIEC), Kogi, as 1st to 5th defendants respectively.
In the originating summons brought pursuant to the provisions of the 1999 Constitution (as amended) and under the inherent powers of the court, the plaintiffs sought six questions for determination.
They said considering Sections 1(1), (2) and (3), 4(7), 5 (2) (a) and (b) and (3) 14 (1) of the 1999 Constitution (as amended), whether Gov. Ododo or anyone acting through him, can validly dissolve a democratically-elected LGA chairmen’s tenure “clandestinely after two years of their election into office.”
They want the court to determine whether the tenure as executive chairmen of the 21 LGAs, alongside their cabinet, has expired considering the provision of Section 51 (1) Part Vi of the state’s Local Government Administration Law, 2025 viz-a-viz the 1999 Constitution.
They said considering the provisions of the law, whether Ododo, the A-G and the house of assembly can, using the instrumentality of state powers derivable from the laws enacted by the lawmakers or executive orders (howsoever called), validly dissolve democratically-elected LG chairmen and replace them with caretaker committees (howsoever called).
The plaintiffs, therefore, sought nine reliefs should the court answer the six questions in their favour.
Abdul and Haruna sought a declaration that by cumulative assessment of provisions of the constitution, the governor cannot validly dissolve democratically-elected LG chairmen’s tenure “clandestinely after two years of their election into office.”
They prayed the court to declare that the tenure, as executive chairmen of the 21 Kogi LGAs, alongside their cabinet, has not expired considering the provision of the state’s LG Law, 2025 viz-a-viz the 1999 Constitution (as amended).
They, therefore, sought an order of perpetual injunction restraining the defendants, especially the 1st defendant (Ododo), “and anybody acting through them (howsoever called) from dissolving, suspending or otherwise interfering with the tenure of the democratically elected executive chairmen, same having not elapsed or expired.
“An order of perpetual injunction, restraining the defendants, especially the 1st, 2nd and 3rd defendants from appointing, constituting or imposing caretaker, transition or interim committees to run the affairs of the 21 LGAs, upon expiration of two years of the incumbent executive chairmen of the said local government areas.”
In the affidavit deposed to by Haruna, he said he and his co-plaintiff hail from the state.
He said while he is from Sharia in Bassa LGA, Abdul is from Alloma in Ofu LGA.
He said as indigenes, registered voters and taxpayers of their respective aforementioned LGAs, they were directly affected by the administration of local governments in Kogi, which constitute the third tier of government under the 1999 Constitution.
According to him, we filed this suit as concerned indigenes of our dear Kogi State, particularly our respectively mentioned local government areas.
He said they learnt from their lawyer that Section 7(1) of the 1999 Constitution guarantees the system of democratically elected local goverment councils.
He alleged that Ododo had threatened to dissolve the tenure of the 21 democratically-elected chairmen, upon the expiration of two years in office.
“I know as a fact that all the current chairmen and vice chairmen of all the 21 LGAs were elected and swom into office on the same date being 21st of October, 2024.
“Hence, they have spent a total of one year and few months.
“That the 1st defendant has threatened to dissolve the executive councils of all 21 LG chairmen in Kogi State upon their attainment of 2 years in office,” he said.
Haruna, however, averred that there is no provision in the 1999 Constitution, the state’s LG Law or any other extant law that empowers the governor, either personally or through his agents, to dissolve elected LG chairmen’s tenure midway or impose caretaker committees at the eve or upon expiration of two years in office.
He said they were informed by their counsel thay doing so would be unconstitutional and violate the country’s constitution as well as the state’s LG law, 2025, particularly as contained in its Section 5(4) of Part II and Section 51(1) of Part VI.
According to him, the intended action of the 1st defendant, if carried out, will amount to usurpation of the consttutional role of the electorate, undermine local democracy and violate the autonomy of the 21 LGAs of Kogi State as distinct tiers of government.
He said Ododo’s threat had caused him and other indigenes of the state apprehension, anxiety, and fear of constitutional breach at the grassroots level.
“That if the threat of the 1st defendant is executed, it will deprive the people of their right to representation through elected officials, especially at the grassroots level.
“That unless restrained by this honourable court, the 1st defendant is likely to carry out the threatened dissolution, which will cause irreparable damage to constitutional democracy and the rule of law in Kogi State.
“That the interest of justice and fair hearing will be served by granting all the reliefs/orders sought by the plaintiffs,” he said.
Haruna said he sworn to the affidavit in good faith believing same to be true and correct and in accordance to the provisions of the Oath Acts currently in force.
The case has been assigned to Justice Inyang Ekwo for adjudication.
(NAN)
