The National Assembly joint Constitution review committee has recommended a uniform four-year renewable tenure for elected local government officials across Nigeria, a move designed to end the current patchwork of two- and three-year terms that vary by state.
Nigeria local government tenure
Adopted at a retreat in Lagos, the committees proposals would amend section 212 of the Constitution to fix the tenure of local government chairmen and vice-chairmen at four years. If enacted and assented to, this would apply to all 774 local government areas, with the six Area Councils in the Federal Capital Territory already operating four-year terms. The package is one of 44 constitution alteration bills awaiting consideration by both chambers of the National Assembly before they are forwarded to the 36 state Houses of Assembly.
The draft law sets a minimum age of 25 for candidates for local government chairmanship and requires at least a school certificate or an equivalent qualification. Candidates must be sponsored by, and be members of, a political party. The proposal also obliges elected chairmen to declare assets and liabilities and to take the prescribed oaths before performing the functions of office.
Crucially, the committee has proposed shifting the power to remove an elected chairman or vice-chairman away from state governors to the local government legislative council. Under the draft amendment, removal would begin when at least one third of council members present a written allegation of gross misconduct to the Speaker. The Speaker must serve the notice on the officeholder and council members within seven days.
Within 14 days the council must vote, without debate, on whether the allegation should be investigated. A two-thirds majority of all council members is required to refer the matter. If referred, the Chief Judge of the state would appoint a seven-member panel of persons of unquestionable integrity, excluding public servants, legislators and political party officials, to investigate. The panel has three months to report. If allegations are proved and the council adopts the panels report by a two-thirds majority, the officeholder is removed. The draft bars courts from entertaining challenges to panel proceedings or determinations.
The amendment would extend constitutional privileges similar to those enjoyed by the President and governors to elected local government chairmen and vice-chairmen. It also addresses re-run elections by counting time served before an annulled election towards the four-year term where the same person wins a re-run.
There is a provision permitting the National Assembly to extend the four-year term in six-month increments only if the federation is at war and elections are impracticable. The proposals aim to strengthen local accountability by ensuring removal procedures are handled locally and by standardising tenure and qualifications nationwide.
The joint committees recommendations are now to be studied by both chambers. Members of the House of Representatives delayed voting ahead of the Christmas and New Year break to allow time for consultation with constituents. If the bills pass both chambers and secure the concurrence of state assemblies, the measures will be transmitted to the President for assent. The move is likely to trigger debate about state versus local autonomy and the role of governors in local governance, even as it promises greater uniformity in local government administration.
Key Takeaways:
- Nigeria local government tenure would be standardised at four years, ending current two to three year disparities.
- Minimum age of 25, basic school certificate and party sponsorship required for chairmanship candidates.
- Removal of chairmen to be handled by local government legislative councils with a structured investigation process.
- Proposal awaits consideration by both chambers and subsequent transmission to state assemblies and the President.
