'ENSIEC Not in Breach of Supreme Court Ruling'
Some interest groups, alleged to be seeking for tenure elongation, had raised objection against the proposed conduct of the Enugu council election, citing the 2024 Supreme Court Ruling
In response to the insinuation that the Enugu State Independent Electoral Commission (ENSIEC) is running fowl to the supreme Court ruling on the Independence of the local government administration as a third tier government, legal analysts have faulted advocates against the proposed conduct of council elections in Enugu state.
Legal opinions made available to DAILY INSIDER insist that the Enugu State Independent Electoral Commission is legally justified in scheduling local government elections for September 26, 2026.
It emphasized that the Supreme Court’s 2024 ruling on local government autonomy does not mandate a four-year tenure for council officials.
Legal clarification on the matter noted that the apex court’s decision in Attorney-General of the Federation v. Attorney-General of Abia State & 35 Ors (2024) reaffirmed local governments as the third tier of government to be run by democratically elected officials, but did not prescribe a uniform tenure length.
"Under existing Enugu State law, local government chairmen and councillors serve a two-year term. That provision remains valid and subsisting.
"Accordingly, ENSIEC’s move to conduct fresh polls on September 26, 2026, following the expiration of the current tenure, aligns with the state’s legal framework.
"The planned elections therefore do not constitute a breach of the Constitution or the Supreme Court ruling."
Analysts say that ENSIEC’s actions reflect compliance with democratic principles and constitutional governance, as the Commission is bound to conduct elections in line with both judicial pronouncements and valid state legislation.
DAILY INSIDER recalls that some interest groups, alleged to be seeking for tenure elongation, had raised objection against the proposed conduct of the Enugu council election, citing the 2024 Supreme Court Ruling.
The interest groups debates if the conduct of the election is not aimed at contradicting the supreme Court ruling, or if it's it's an outright move to alter or shorten the tenure of LG officials elected in 2024 in Enugu state.
They argue that electoral bodies are obligated to align their actions with directives of the apex court.
They maintained that upholding the tenure of elected officials remains central to preserving the integrity of local government administration nationwide.
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