Justice Joel Agya of the Taraba State High Court, Jalkngo, on Thursday, dismissed a suit challenging the state Local Government Amendment Law, 2023.
Agya, the state Chief Judge, delivered the judgment in the suit No. TRSJ/45/2024 filed by one Bilyaminu Maihanchi on April 19, 2024.
He said the state house of assembly has the power to amend laws guiding local government administration.
The judge pointed out that Section 108 (1) of the Electoral Act 2022 was unambiguous about which level of the legislature should regulate the conduct of local government elections, tenure of local government executives, and the legislature and its amendment.
According to him, section 108 (1) of the Electoral Act 2022 has clearly distinguished between local government councils and area councils.
He added that Section 108 (1) of the Electoral Act Amendment 2022 had also listed the area councils to include Abaji, Abuja Municipal, Bwari, Gwagwalada, Kuje, and Kwali.
The chief judge recalled that the originating summons filed by Maihanchi sought the court to declare that Sections 15 and 38 (2) of the Taraba State Local Government Amendments Law 2023 were inconsistent with the provisions of Section 108 (1) and 150 of the Electoral Act 2023.
