Plateau Court Declares Four‑Year Tenure for LG Chairmen, Strikes Down State’s Two‑Year Provision as Unconstitutional

Yemi Kosoko in Jos

A Plateau State High Court has delivered a landmark judgement affirming that elected Local Government Chairmen in the state are constitutionally entitled to a four‑year tenure, effectively nullifying the two‑year tenure prescribed by the Plateau State Local Government Law and the Plateau State Independent Electoral Commission (PLASIEC) Law.

The judgement was delivered in Jos by the Chief Judge of Plateau State, Hon. Justice David Gwong Mann, in a suit filed by Hon. Anani Hamisu Mohammed, Chairman of Wase Local Government Area, who instituted the action in his personal capacity.

Mohammed had asked the court to strike down Section 23(1) of the PLASIEC Law and Section 38 of the Plateau State Local Government Law, both of which provide for a two‑year tenure for elected council chairmen. He argued that these provisions were inconsistent with Sections 112 and 153 of the Electoral Act, as well as Section 7(1) of the 1999 Constitution, which collectively guarantee a democratically elected and constitutionally grounded local government system.

After reviewing the submissions, Justice Mann agreed with the claimant, holding that the two‑year tenure imposed by the state laws undermines the constitutional framework for local government administration and cannot stand in the face of superior constitutional provisions.

“The two‑year tenure contained in the Plateau State and PLASIEC laws is inconsistent with the constitutional guarantee of a democratically elected local government system,” the court ruled. “To the extent of this inconsistency, those provisions are null and void.”

The court further held that the constitution, when read together with relevant sections of the Electoral Act, envisions a four‑year democratic tenure for elected local government officials, similar to other elected offices across the federation.

In granting all the reliefs sought by Mohammed, the court declared that his tenure as Chairman of Wase Local Government Area is four years beginning from October 9, 2024, the date he was sworn into office. The court also issued a consequential order affirming that the tenure of all elected local government chairmen in Plateau State is four years.

The ruling effectively restrains the Plateau State Government and PLASIEC from conducting fresh local government elections or interfering with the tenure of current chairmen until the expiration of their constitutionally recognised four‑year term.

Legal observers say the judgement aligns with a growing national judicial trend reinforcing the autonomy and democratic stability of local governments, especially amid ongoing debates about governance, security, and administrative reforms at the grassroots level.

The decision is expected to have significant implications for political planning, local governance, and legislative adjustments within Plateau State.