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LG chairmen, councilors to enjoy four-year tenure — Supreme Court

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LG chairmen, councilors to enjoy four-year tenure — Supreme Court
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This is contained in the Certified True Copy (CTC) of a judgement delivered by Justice Mohammed Garba and six others on May 11, 2024.

Garba said that some states have, by their various illegal actions, starved the local government councils in their states to the extent that most of them cannot exercise their constitutional powers or perform their statutory functions. 

The Justice described the situation of the LGA in the country as “one tier of government’s inhumanity to another tier of government.”

Garbage said that LGAs in Nigeria, unlike branches of incorporated bodies or entities, are constitutionally the third tier of government in the Federation.

According to him, their political and financial independence is duly guaranteed by the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

The Justice said that Section 2(2) of the Constitution provides that “Nigeria shall be a Federation consisting of States and a Federal Capital Territory.”.

He further stated that 36 states in the country are specified, in alphabetical order, by Section 3(1) of the Constitution.

He said that Section 3(6) of the Constitution provides that “there shall be 768 local government areas in Nigeria,“ while Section 1(2) of the Constitution provides that “Nigeria shall not be governed, nor shall any person or group of persons take control of the Government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.”.

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The Justice, however, said that in respect of the six Area Councils of the Federal Capital Territory, Abuja, there is template legislation by the National Assembly.

SEE ALSO:  Woman seeking divorce returns N100,000 dowry

He said that by way of sections 108, 109, 110, and 113 of the Electoral Act (2022), the dissolution (tenure of area councils), the vacation of seats of members, removal of the chairman or vice chairman, recall, etc. were addressed. And elections to the area councils are promptly conducted or held by the Independent National Electoral Commission.

“It is, therefore, unfortunate that some states do not even bother about conducting elections into local government councils as required by the relevant laws of their Houses of Assembly.

“Under Section 135(3) of the Constitution, the tenure of four years for the president, provided for by Section 135(2) thereof, shall be extended for periods not exceeding a period of six months at any time by a resolution of the National Assembly if it is not practicable to hold elections.

“By the same token, by a law of a State House of Assembly, the tenure of local government councils can be legally extended for any reason, such as insecurity or war, if it becomes impracticable or impossible for elections into the local government councils to be conducted.

“The mandate given to an elected local government council is the mandate of the electorate of that local government area, and if the tenure is extended, it is the people’s mandate that is extended.

“If the tenure of a local government council is truncated, as it is the norm now, it is an illegal termination of the electorate’s mandate, and it is not to be encouraged but roundly condemned.

“By the doctrine of separation of powers, it is the constitutional duty or function of the Legislature to make laws, which include amendments and repeals, and the duty of the judiciary is to interpret the laws to achieve the intended purpose of the legislation,” he said.

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Flood: Over 200 inmates escape from Borno Correctional Centre

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Flood: Over 200 inmates escape from Borno Correctional Centre
* Displaced flood victims people of K
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At least 286 inmates have reportedly escaped from the Maiduguri medium security custodial centre following severe flooding in the capital city on Tuesday.

Already, the Minister of Interior, Olubunmi Tunji-Ojo, is in Maiduguri to assess the flood’s impact on the facility.

Nevertheless, a statement from the spokesman for the service, Umar Abubakar disclosed that the federal government is working to evacuate the correctional centre.

Umar assured the public that the service is working with sister security agencies to take the necessary measures to ensure public safety.

The Federal Government has also begun the evacuation of residents of the affected communities in the flooding that has ravaged North-Eastern city.

A statement by the National Emergency Management Agency (NEMA) on Tuesday, said it is also working on the provision of food, shelter and medical assistance for the victims.

The unfortunate flooding situation in the Maiduguri metropolis of Borno State, which started last weekend and increased in the early hours of Monday, 9th September 2024, resulted from excess water from the Alau Dam.

One of the spillways of Alau Dam collapsed, leading to a significant increase in water flow downstream and exacerbating the flooding in surrounding areas.

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The areas impacted by the incident include Shehuri, parts of the Government Residential Area (G.R.A.), Gambomi, Budum, Bulabulin, Adamkolo, Millionaires Quarters, Monday Market and Gwange.

As a result, NEMA said the Borno State Government has opened up Bakassi Camp to accommodate those displaced by the flood.

“We are working, alongside the Borno State Emergency Management Agency, in providing humanitarian assistance to the distressed in the camp,” the statement read partly.

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NEMA’s response came after President Tinubu ordered the Agency to immediately swing into action, and assist the flood victims.

Unprecedented incident

NEMA has described Tuesday’s flash flood in Maiduguri as an unprecedented incident.

“It is an unprecedented incident,” NEMA spokesman Ezekiel Manzo told AFP on Tuesday. “Some of the central parts of the city that have not witnessed flood in so many years are witnessing it today.”

Thousands of homes have been submerged by the rapid rise of waters after the rupture of the Alau dam on the Ngadda River, 20 kilometres (12 miles) south of Maiduguri.

“The last three days have over 150,000 individuals with over 23,000 households affected,” said NEMA zonal coordinator Surajo Garba.

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But with more locations being hit, “we are sure the figure will be much over 200,000 individuals,” Garba forecast.

“The flood, which began over the weekend and worsened in the following days, was the direct result of excess water from the Alau Dam,” said Nigeria’s Vice-President Kashim Shettima, who hails from Maiduguri as he visited the area.

“The collapse of the spillways unleashed a significant surge of water downstream, causing widespread flooding in the surrounding communities,” added Shettima.

The flood also inundated the city’s post office and main zoo, with authorities warning that “deadly animals has been washed away into our communities (sic).”

Social media showed pictures of an ostrich, which had supposedly escaped from the facility wandering the streets of the city.

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After stabbing wife to death, Pastor told in-laws she fell from 4-storey building

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• Anambra State Women and Social Welfare Commissioner, Hon Ify Obinabo
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The Anambra State Government through the state Ministry of Women’s Affairs and Social Welfare, has ordered a probe into the case of the alleged murder of one Mrs. Ogechukwu Okafor, who was allegedly killed by her husband, Mr Elijah.

It was gathered that the incident happened on August 13, 2024, but was reported to the ministry by the deceased family, following suspicious moves from the husband.

This was disclosed in a press statement issued on Wednesday by the media aide to the Commissioner for Women Affairs and Social Welfare, Chidimma Ikeanyionwu.

According to Ikeanyionwu, the culprit who is said to be a pastor, committed the alleged incident in Nimo community in Njikoka Local Government Area of the state.

The statement read In part, “The deceased uncle, Mr Samuel Onuorah, from Abatete community, who led the family member to lay the complaint at the ministry, alleged that he got a call from her late niece’s husband that her niece, Ogechukwu, fell from four-storey building and died.

“Mr Elijah Emeka Ibeabuchi, who hails from Nimo in Njikoka Local Government Area of the Anambra State, is the husband to the late Ogechukwu Okafor.

“Seeking for justice at the office of the Commissioner for Women Affairs, the uncle of the deceased, Mr Onuorah, noted that they discovered that their daughter did not fall as claimed by the husband, but was rather killed with a knife, stabbed on her neck and chest by Elijah.

“He further revealed that their doubts were cleared after they went to the mortuary where the said husband had deposited their daughter’s corpse and saw evidently that she didn’t fall from any storey building as claimed by the husband.”

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Responding to the development, the commissioner, Ify Obinabo, called on all stakeholders, women groups, human rights activists, and social media users to support the state government in ensuring that the deceased gets justice.

Obinabo vows that the state government would probe the incident while urging everyone to lend their voice on the matter.

She added that she would also notify the state governor and the matter will be taken up so that the deceased will get justice.

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Woman seeking divorce returns N100,000 dowry

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A 25-year-old woman, Zainab Musa, on Wednesday, returned the N100,000 dowry she received from her husband, Musa Sani, in exchange for a divorce at Rigasa Shari’a Court, Kaduna.

The woman had earlier prayed that the court should dissolve her two-year-old marriage through the Khul’i (redemption), an Islamic ruling that gives a woman the right to redeem herself from marriage.

Mr M.S Aliyu, who stood as neutral counsel to the parties, said all efforts to reconcile the couple through their parents proved abortive.

He said “the parents of the couple have agreed that the N100,000 dowry paid during the wedding be returned, and we have the money in cash.

“As for the one child they have, Zainab’s parents will accept any amount the defendant can afford as upkeep allowance.”

On his part, the husband said he still loves his wife but has no choice than to let her go since she is no longer interested in the marriage, adding
that he has accepted the N100,000 dowry.

The Judge, Malam Mukhtar Aliyu, confirmed the dissolution of the marriage through Khul’i, adding that the complaint should start observing her iddah immediately.

Agency report said that Iddah is a waiting period that a Muslim woman observes after the death of her husband or after a divorce.

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The waiting period for a divorced woman is three menstrual circle, as one of its main purposes is to remove any doubt as to the paternity of a child born after the divorce or death of the prior husband.

The judge, thereafter, said “anyone that is not satisfied with the judgment can appeal within 30 days.”

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