Legal experts have dismissed claims that the Enugu State Independent Electoral Commission (ENSIEC) is acting in breach of the 2024 ruling of the Supreme Court of Nigeria on local government autonomy, insisting that the commission remains within the ambit of the law.
The clarification follows concerns raised by some interest groups opposing the proposed conduct of local government elections in Enugu State, alleging that the move contradicts the Supreme Court’s position on the independence of local governments as the third tier of government.
However, legal opinions made available to DAILY GAZETTE argue that ENSIEC is fully justified in fixing September 26, 2026, for the council elections.
According to the analysts, the apex court’s decision in the case of Attorney-General of the Federation v. Attorney-General of Abia State & 35 Ors (2024) affirmed the autonomy of local governments but did not stipulate a uniform tenure for elected council officials.
They further explained that under existing Enugu State laws, local government chairmen and councillors operate a two-year tenure, which remains valid and enforceable.
“ENSIEC’s decision to conduct elections upon the expiration of the current tenure is consistent with the legal framework guiding local government administration in the state,” the analysts noted.
The experts maintained that the planned elections do not violate either the Constitution or the Supreme Court ruling, but rather demonstrate adherence to democratic principles and constitutional order.
The development comes amid ongoing debate by some groups allegedly pushing for tenure elongation for current council officials elected in 2024.
The groups have questioned whether the planned elections are an attempt to shorten their tenure or undermine the authority of the apex court.
They insist that electoral bodies must strictly comply with judicial pronouncements and protect the tenure of elected officials as part of efforts to safeguard democratic integrity at the grassroots level.
Despite these concerns, legal analysts maintain that ENSIEC’s actions are lawful and in line with both judicial interpretation and extant state legislation.
