Human rights lawyers, Mr. Femi Falana, SAN, and other legal practitioners have faulted a Bill by the Lagos State House of Assembly seeking to elongate the tenure of chairmen and councilors of the local governments in the state.
Falana said in a statement on Wednesday that the move was unconstitutional and contravened previous decision of the Supreme Court.
Chairman, Ikeja branch of the Nigerian Bar Association, Mr. Monday Ubani, and Mohammed Fawehinmi, who both spoke separately with our correspondent on the telephone, also kicked against the Bill.
A clause seeking to elongate the tenure of the local government officials is contained in the Local Government Amendment Bill 2013 being debated by the Lagos assembly.
The clause read, “Notwithstanding the provisions of Sections 12(1) and 27(3), Councilors and Chairmen of Local Government and Local Council Development Areas that were sworn in prior to the commencement of this Law may hold office for the term prescribed by this Law”.
Arguing that the proposal is illegal, Falana said, “It has to be withdrawn or struck down in the overall interest of the people of Lagos State who are due to participate in fresh local government election in October 2013.”
He threatened to sue the government if the law was eventually passed into law.
He said, “We urge the members of the Lagos State House of Assembly to jettison the proposed elongation of the tenure of chairmen and councilors of local government councils in Lagos State forthwith.
“However, if the dangerous Bill is passed by the House and signed to law by Governor Raji Fashola, we shall not hesitate to challenge its legal validity in court without any further notice.”
He said since the chairmen and councilors were elected in October 2010 for a fixed period of three years their term of office has to expire in October 2013.
Falana argued that apart from contravening the provisions of the constitution, the aspect of the bill also contravened a previous decision of the Supreme Court in the case of Attorney-General of Abia State & 35 Ors V Attorney-General of the Federation (2001).
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