Lawyer Drags Nasarawa State Government to Court over Conflicting Provisions in Local Government Laws
By; Onzonu Dogoloji, Lafia, Nasarawa
Wanche Christian Magani, a prominent lawyer and principal partner of Unicorn Legal Practitioners, has dragged the Nasarawa State Government to court, challenging the constitutionality of certain provisions in the Nasarawa State Local Government Amendment Law 2019, which he claims are in direct conflict with the 1999 Constitution and the recent landmark Supreme Court ruling affirming local government autonomy. Included in the suit is Governor Abdullahi Sule and 40 others.
In the suit, Magani is also seeking a perpetual injunction to prevent the enforcement of sections 30 (6), (7), and (8) of the Nasarawa State Local Government Amendment Law. These provisions, according to the lawyer, grant the state government powers over local government matters that are reserved for local authorities under Section 7 (1) of the Nigerian Constitution. Magani argues that this violates both the constitution and the Supreme Court judgment in SC/CV/343/2024, which reinforced local government autonomy.
Magani, who was recently appointed by the Nigerian Bar Association president to the Citizens’ Liberties Committee, is seeking several key reliefs, including:
1. A declaration that sections 30 (6), (7), and (8) of the Nasarawa State Local Government Amendment Law 2019 are unconstitutional, as they contravene Section 7 (1) of the 1999 Constitution.
2. An order striking down the conflicting provisions of the Nasarawa State law to align with the Supreme Court’s decision on local government autonomy.
3. A directive to amend the Nasarawa State Local Government Amendment Law 2019, removing the controversial sections to restore constitutional balance.
4. A perpetual injunction to prevent the state government and its agents from taking any actions based on the challenged provisions of the law.
5. A directive for the Nasarawa State Independent Electoral Commission to issue new guidelines and conduct fresh local government elections, adhering to constitutional provisions.
In his remarks after instituting the suit, Magani revealed that his decision to test the the validity of the contentious laws in court demonstrates his belief on the instrumentality of the legal profession as a veritable tool in the pursuit of legality and advancement of Citizens’ rights.
The outcome of this case could have far-reaching implications for local government autonomy in Nasarawa State and beyond, as similar conflicts over local government control are being debated in several Nigerian states.
