Rivers State High Court Orders Maintenance of Status Quo Amidst Local Government Tenure Crisis

Amidst the escalating political turmoil in Rivers State, the Rivers State High Court in Port Harcourt has issued an interim injunction, directing the preservation of the status quo regarding the tenure extension of elected local government council officials. This decision comes in response to recent moves by the State House of Assembly to elongate the tenures of these officials.

Led by Martins Amaewhule, the Assembly had amended the Local Government Law Number 5 of 2018 and related statutes amidst the ongoing crisis. Amaewhule justified these amendments, citing the need to empower the Assembly to extend the tenures of elected chairmen and councilors in instances where holding local government elections before the expiration of their three-year terms is deemed impracticable.

However, the court has intervened, instructing all parties involved to maintain the status quo ante bellum until the hearing and determination of the motion on notice for the interlocutory injunction. Presided over by G.N. Okonkwo, the court has also mandated an undertaking for indemnification by the claimant/applicant in the sum of N5 million should the substantive case be deemed frivolous.

The court has scheduled April 22, 2024, for the hearing of the motion on notice for interlocutory injunction. Additionally, Okonkwo has ordered substituted service of the motion on notice for interlocutory injunction and other relevant processes on the defendants.

This legal action stems from a suit filed by Executive Chairman Enyiada Cooky-Gam of Opobo-Nkoro, Anengi Claude-Wilcox of Bonny, and five other elected council officials challenging the decision of the Amaewhule-led House of Assembly to extend the tenure of local government areas. The suit names the Governor of Rivers State, the Government of Rivers State, and the Attorney-General of Rivers State as defendants.

The claimants/applicants seek various declarations and injunctions, including affirmations of the three-year tenure as stipulated in the Rivers State Local Government Amendment Law number 5 of 2018, and prohibitions against extending the tenures beyond their expiration.