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Sokoto --His Lordship, Hon. Justice K. D. Damulak of the National Industrial Court of Nigeria, sitting in Sokoto on Friday 19th October 2018 in a landmark judgment dismissed suit on whether or not the tenure of the claimants as chairmen has expired on 31st May 2018 or will only expire on 31st May 2019 filed by HON. DR. ABDULLAHI AHMAD GADA -CHAIRMAN GADA LOCAL GOVT. and 12 Others (claimants) against THE GOVERNOR OF SOKOTO STATE and 2 Others (defendants) for lacking merit and held that the tenure of the claimants as regulated by Section 3 of the Sokoto State Local Government (Amendment) Law, 2016, which provides for a two-year tenure.
The claimants took out an originating summons against the defendants on the 25/9/2018, accompanied by all the necessary documents as required by the Rules of this Court. The claimants' questions for determination among others; Whether the powers of the Sokoto State House of Assembly to make Laws for the Local Government Councils, extend to the power to make Laws for tenure of the Local Government Councils.Whether any Law passed by the Sokoto State House of Assembly prescribing the tenure of the Local Government Councils in Sokoto State after 1999 is valid.
OR IN THE ALTERNATIVE, Assuming without conceding that the answer to the above ( 1) and (2) be in the negative, whether by reason of standing and/or contesting the election into the Local Government Councils held in Sokoto State on 13th March 2016 pursuant to Section 13( 1) of the Sokoto State Local Government Law No. 1. 2008, the Claimants acquired a vested legal and constitutional interest in the three-year tenure of office as democratically elected Local Government Chairmen in Sokoto State beginning from 1st June 2016 and expiring on 31st May 2019.
In summary, the Sokoto State Independent Electoral Commission (SSIEC) blew the whistle for the Local Government Council Election in October 2015. The claimants participated and won the primary elections of their political parties and obtained forms from SSIEC as flag -bearers of their political parties for the election slated for 9th January 2016. The date of the election was later shifted to 13th March 2016. On the 11th day of February 2016, the Sokoto State House of Assembly amended the Sokoto State Local Government Law of 2008 and reduced the tenure of Local Government Council Chairmen from 3 years to 2 years.
The claimants were later elected as Chairmen of various Local Government Councils in Sokoto State on 13th March 2016 and they were sworn in on 1st June 2016. On the 31st may, 2018, the Commissioner, Sokoto State Ministry for Local Government, through the Director Monitoring, wrote to all Local Government Secretaries in the state, instructing them to oversee the affairs of their respective Councils in view of the expiration of the tenure of the claimants. It is this action that birthed this suit.
The claimant counsel, Mr. Ubong Akpan Esq. contended that such a radical shift in the tenure of office ought to have preceded the nominations and party primaries such that anyone who is contesting would have had a foreknowledge of the tenure before taking part in such election.
Counsel further submitted that by virtue of the 1999 constitution of the Federal Republic Nigeria as amended and Section l3(1) of the Sokoto State Local Government Law No. l of 2008, their tenure of office which commenced on 1st June, 2016 and is therefore legally due to expire on 31st May, 2019 cannot be determined by the defendants without due process of law.
That all legislative attempts after 1999 to prescribe tenure for the Local Government Councils and Chairmen in Sokoto State are unconstitutional, as they violate Section 7 (1) of the 1999 Constitution. That the appointment by defendants of caretaker Committee for Local Government Areas in Sokoto State is unconstitutional and illegal.
That any law made by any State House of Assembly which is in conflict with or inconsistent with the provisions of the above section 7 (1) of the 1999 Constitution of Federal Republic of Nigeria ( as amended) shall to the extent of such inconsistency be null and void.
Submitting for the defendants in his written address, the learned Suleiman SAN submitted that claimants’ reliance on the Sokoto State Local Government Law Cap. 82 of 1996 as the legitimate Law that prescribes the tenure of Local Government Councils is an admission that it is the State House of Assembly that has that power with respect to the tenure of Local Government Council as that law was passed by Sokoto State House of Assembly, and since the house has the power to pass into Law Cap 82, it also has the power to amend it.
The defendants also filed a preliminary objection to the competence of the suit and the jurisdiction of this Court on the grounds that the Subject matter of the suit is not within the jurisdiction of the Court and that there is no cause of action or reasonable cause of action.
Responding on the issue of jurisdiction, learned Ubong Akpan submitted that by virtue of Section 254C (1) (k) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the National Industrial Court is clothed with jurisdiction.
After reviewing the argument of both parties, the Court Presided by Hon. Justice K. D. Damulak dismissed the preliminary objection for lacking merit that the claimants are public and political office holders and the subject of dispute is tenure of office/removal from office and emoluments, these matters concern condition of service and are matters within the contemplation of Section 254C of the 1999 constitution as Amended.
On the main suit before the court, His Lordship expressed thus;
“It must be noted however that the said Law is deemed to be a Law of the Sokoto State House of Assembly which came into effect on 24/1/2000 by reason of Sokoto State Gazette No.1.vol 35 of 2000. That being the case, the Sokoto State House of Assembly has the right to amend or repeal its Law which it did by repealing the said 1996 Law, CAP 82 in Section 80 of the 2000 Local Government Law of Sokoto State and by repealing the said 2000 Law in Section 83 of the 2008 Local Government Law and subsequently amending Section 13 thereof in 2016.
“It is therefore beyond peradventure that the Sokoto State House of Assembly has the power to legislate on the tenure of Local Government Councils. This issue which covers questions 1 and 2 are resolved against the claimants and in favor of the defendants.
“I accordingly find and hold that the tenure of the claimants is as regulated by Section 3 of the Sokoto State Local Government (Amendment) Law, 2016, which provides for a two-year tenure. This issue is resolved against the claimants and in favor of the defendants.
“On the whole, all the questions are determined against the claimants. The suit of the claimants is accordingly dismissed for want of merit.” His Lordship ruled.
