‎***Reminds Abia Gov Otti ‘Democracy is not government by announcement’

‎PRESS RELEASE

‎2 September 2026

‎ABIA LGA TENURE CONTROVERSY: CEHRAWS DEMANDS STRICT ADHERENCE TO THE LAW, TRANSPARENCY AND DEMOCRATIC PRINCIPLES

‎The Centre for Human Rights Advocacy and Wholesome Society, (CEHRAWS), has taken note of the recent declaration attributed to the Governor of Abia State, Dr. Alex Chioma Otti, that the tenure of the elected Chairmen and Councillors of the 17 Local Government Areas of the State will not terminate in November 2026 but will run until 2028.

‎The declaration has understandably generated public interest, particularly because the current Local Government Chairmen and Councillors were elected in October 2024 and inaugurated on 4 November 2024. CEHRAWS therefore believes that the question of when their tenure expires should not be determined by political pronouncements or administrative convenience, but by the applicable law.

‎Section 1(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), establishes the Constitution as the supreme law of the land, while Section 1(3) renders any law or action inconsistent with its provisions void to the extent of the inconsistency. More importantly, Section 7(1) guarantees the system of democratically elected local government councils and requires every State Government to ensure their existence under a law providing for their establishment, structure, composition, finance and functions.

‎It is therefore important to emphasise that the tenure of elected local-government officials is a matter of law and not the personal discretion of a Governor, political party or any other public office holder. Where the law prescribes four years, four years must be respected; where it prescribes two years, two years must be respected. Where the law has been amended, such amendment must be applied in accordance with its commencement and transitional provisions.

‎CEHRAWS consequently calls on the Abia State Government to make public the specific provisions of the Abia State Local Government Administration Law, 2025, upon which the Governor’s position that the current Chairmen and Councillors will remain in office until 2028 is based. Abians deserve to know when the law commenced, whether it expressly applies to officials elected and inaugurated before its commencement, whether it repealed or amended the previous tenure provisions, and whether it contains transitional provisions governing existing office holders.

‎This is particularly important because a subsequent law that alters the tenure of elected officials raises legitimate questions about its applicability to mandates acquired under an earlier legal regime. Such questions should be addressed transparently and in accordance with established principles of statutory interpretation and constitutionalism.

‎CEHRAWS also reminds the Abia State Government that, under Section 5 of the Constitution, the executive powers of the Governor must be exercised in accordance with the Constitution and laws made pursuant to it. Consequently, a Governor’s pronouncement cannot, in itself, create, extend or terminate a statutory tenure. If the current Local Government Chairmen and Councillors are legally entitled to remain in office until 2028, that entitlement must derive from a valid and identifiable law. Aww

‎We further urge the Abia State House of Assembly to make the full text of the 2025 Local Government Administration Law, including all relevant transitional provisions, readily accessible to the public. The Attorney-General and Commissioner for Justice should also, where necessary, provide a clear legal explanation of the government’s position to prevent unnecessary confusion and conflicting interpretations.

‎CEHRAWS reiterates that our position is neither for the premature termination nor the unlawful extension of any elected mandate. Our position is simple and principled: the law must prevail over political convenience. We will not support any legislation or administrative action designed to manipulate the tenure of elected officials for political advantage, whether by unlawfully shortening or extending their mandates.

‎Section 14(2)(a) of the Constitution provides that sovereignty belongs to the people, while Section 14(2)(c) emphasises the participation of the people in their government. These provisions reinforce the fundamental principle that public offices are held in trust for the people and that democratic institutions must operate transparently and within the confines of the law.

‎CEHRAWS therefore calls for clarity, transparency and strict adherence to the Constitution, extant laws and judicial decisions in resolving the controversy surrounding the tenure of Abia’s Local Government Chairmen and Councillors. Where a genuine legal dispute remains, the appropriate judicial process should be allowed to determine the matter.

‎CONCLUSION

‎CEHRAWS is not opposed to a four-year tenure for Local Government Chairmen and Councillors where such tenure is validly established by law. We are equally not advocating the premature termination of any democratically acquired mandate.

‎Our concern is the sanctity of the law. If the Abia State Local Government Administration Law, 2025 validly provides for a four-year tenure applicable to the current councils, the law should be respected and the officials allowed to complete their lawful mandate. However, if a subsequent enactment is being relied upon to extend the tenure of persons elected under an earlier legal regime, the constitutional and transitional implications must be openly addressed.

‎Democracy is not government by announcement. The rule of law is not government by convenience, and elected mandates are not political property.

‎The people of Abia deserve nothing less than LAW, CLARITY, TRANSPARENCY AND ACCOUNTABILITY.

‎Signed:

‎Okoye, Chuka Peter

‎Executive Director, CEHRAWS

‎cehraws@gmail.com | +234(0)808-035-1242(WhatsApp only)

‎Facebook: @cehraws

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