“The greatest threat to democracy is not violence or corruption, but the quiet subversion of constitutional limits, whereby those in power normalize the abnormal through incremental violations of established norms.” — Professor Wole Soyinka, Nobel Laureate
The Lagos Society for Good Governance, a non-partisan civic organization committed to upholding democratic principles and constitutional governance, wishes to draw the attention of President Bola Ahmed Tinubu and Lagos State Governor, Babajide Sanwolu to the alarming trend of unconstitutional tenure elongation schemes currently unfolding in several Local Council Development Areas (LCDAs) in Lagos State.
Our organization has observed with concern the systematic attempt by certain LCDA chairpersons who initially assumed office as vice-chairpersons following the demise of substantive chairpersons to circumvent constitutional term limits through questionable interpretations of electoral laws.
Emphatically, we present the following specific cases that demand urgent presidential and legal interventions:
Vice Chairman Famuyiwa took over as the substantive Chairman of Agbado Oke-Odo LCDA after Chairman Arologun died in 2019. He subsequently contested and won re-election in 2021, serving what constitutes a second term. Famuyiwa’s current bid for another term in the forthcoming election would amount to nothing but an unconstitutional third term.
Secondly, in Onigbongbo LCDA, Chairman Dayo Oke passed away in 2020, and the Vice Chairman, Dotun Adekanye, was sworn in as substantive Chairman. While Hon. Dotun Adekanye who also seek re-election in 2021 and was sworn in 2021, but unfortunately for him, he also died on November 2024 and his vice chairman was sworn in as substantive chairman and took the oath of office as the current chairman of Onigbongbo LCDA remains eligible to contest once more in the 2025 elections, any future attempts to seek office beyond this would violate constitutional term limits.
It is pertinent to also note the death of Ikosi Isheri LCDA Chairman Abdulfatai Oyesanya in January 2020 during his second term. Vice Chairman Abolanle Bada was sworn in as substantive Chairman. After the completion of his term, she contested and won re-election in July 2021. Her current bid for another term would constitute an unconstitutional third term.
For us at Lagos Society for Good Governance, these actions directly contravene the constitutional amendments signed into law by former President Muhammadu Buhari in 2018. The Fourth Alteration Bill No. 16 (Constitution Amendment) Act explicitly limits individuals who succeed to the office of President or Governor following the death, resignation, or removal of the incumbent to only one additional term after completing their predecessor’s term.
As clarified by Ita Enang, then Senior Special Assistant to President Buhari on National Assembly matters, “Having taken the oath as president for once, you can only contest for once again and no more. That is the intent of this amendment.”
This principle extends to local government administrations through Section 7 of the 1999 Constitution (as amended), which guarantees democratically elected local government councils and mandates state governments to ensure their existence under a law that provides for their establishment, structure, composition, finance, and functions.
The Lagos State Local Government Administration Law must align with these constitutional provisions, as affirmed by numerous Supreme Court judgements establishing the supremacy of the Constitution over all other laws.
Consequently, the Lagos Society for Good Governance recalled that President Bola Ahmed Tinubu was one of the frontline advocate who spoke against tenure elongation during former President Obasanjo regime and from his antecedents, we are cocksure he wouldn’t be a part to such undemocratic acts.
In the same vein, we request President Tinubu to exercise moral leadership by publicly rejecting these unconstitutional tenure elongation schemes. The President should also direct the Attorney General of the Federation, Lateef Fagbemi SAN, to provide clear advisory on the applicability of constitutional term limits to local government administrations.
More so, as a leader of our democracy and a true son of Lagos, we are appealing to the President to engage with the leadership of Lagos State to ensure that the forthcoming local government elections adhere strictly to constitutional norms and best democratic practices. Similarly, the Lagos State Independent Electoral Commission should implement new electoral reforms that strengthen local government autonomy and disqualify candidates seeking an unconstitutional third term.
As an advocate of good governance and democratic principles, we draw inspiration from the council elections in northwest region, Ondo, and Akwa-Ibom states which were conducted in strict compliance with electoral laws, resulting in free, fair, and credible outcomes. Lagos State, as Nigeria’s centre of excellence, must not set dangerous precedents that undermine constitutional governance.
The individuals mentioned in the three LCDAs should demonstrate statesmanship by voluntarily withdrawing from the electoral contest in recognition of constitutional term limits. Our democracy cannot afford the normalization of constitutional violations, regardless of how well-intentioned the perpetrators may be.
We remain committed to democratic principles and will utilize all legal and peaceful means to resist any attempts to subvert our constitutional order.
Signed
Ademola Gafar
Coordinator
Lagos Society for Good Governance
