By Henry Ojelu
LAGOS—Human rights advocate, Mr Femi Falana, SAN, has lauded the newly enacted Lagos State Local Government Administration Law, 2025, describing it as a game-changer that could redefine democratic governance at the grassroots.
In a legal appraisal, Falana said the new law not only aligns with the 1999 Constitution but also offers a robust framework for tenure regulation, succession, and legal continuity—critical issues that have plagued local government administration across the country.
According to him, the legislation sets a new constitutional benchmark that other states should study and adopt in order to sanitize local governance.
One of the key highlights of the 2025 Law is its firm position on tenure limits for local government chairmen. Section 27(5) states that any person elected to complete the unexpired term of a previous office holder through a by-election shall be deemed to have served a full term.
Falana noted that this provision addresses a long-standing loophole in the repealed Cap L82 Law of 2015, which failed to clarify whether such completion of term counted toward the two-term limit.
“Before now, chairmen who came in through by-elections exploited the absence of legal clarity to seek two additional full terms. This created room for individuals to stay in office beyond the constitutionally acceptable period. The new law shuts that door firmly,” he said.
Similarly, Section 28(4) of the 2025 Law provides that any Vice-Chairman who assumes office following the death, impeachment, or incapacitation of a sitting Chairman shall be considered to have served a full term.
Falana applauded this provision as being constitutionally sound and consistent with the spirit of Section 180(2) of the 1999 Constitution, which limits the President and Governors to two terms, as well as the Supreme Court’s pronouncement in Marwa v. Nyako.
“In that landmark case, the Supreme Court held that nobody can remain in executive office beyond eight years, regardless of how they came in. The Lagos law takes that principle to the local government level,” Falana explained.
Another major provision in the law is the inclusion of a saving clause under Section 59(3), which ensures that all actions taken under the repealed 2015 law remain valid.
“This is an important aspect of legislative drafting. It ensures that administrative acts, policies, and decisions made under the previous law do not become the subject of endless litigation,” Falana said.
He added that such a clause reflects sound legal reasoning and protects the stability and legitimacy of ongoing governance processes.
Falana argued that while the Constitution empowers state assemblies to regulate local government structures, such laws must conform to democratic principles, including fair elections, clear succession rules, and respect for term limits.
“The Lagos State Government has now produced a model law that upholds constitutional values. It is a proactive step toward curbing the abuse of power at the local level,” he noted.
He urged other states to emulate Lagos by passing similar laws that will bring local government operations in line with the Constitution and Supreme Court interpretations.
Falana emphasized that the Lagos State Local Government Administration Law, 2025 marks a new era in grassroots governance. He said the law not only eliminates ambiguity but also promotes accountability, transparency, and democratic stability at the local level.
“With this law, Lagos has shown leadership. It has raised the bar for local government reform in Nigeria,” Falana declared.
Source; Vanguard News.
