Femi Falana

By Femi Falana, SAN

The Lagos State Local Government Administration Law, 2025 represents a significant reform in the regulation of local government structures, tenure, and transition of executive authority. The law repeals the Local Government Administration Law, Cap L82, Laws of Lagos State 2015, and introduces clearer provisions on succession, tenure calculation, and continuity of past acts. This appraisal focuses particularly on sections 27(5), 28(4), and 59(3), contrasting them with the repealed law, the Nigerian Constitution, and key judicial authorities, most notably the Supreme Court decision in Marwa v. Nyako.

1. Contextual and Constitutional Framework

Section 7(1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees the existence of a system of local government by democratically elected local government councils, with the structure and tenure subject to laws made by each State House of Assembly. While the Constitution leaves the fine details to state legislation, it expects these laws to be consistent with democratic principles, including respect for tenure limits, fair electoral cycles, and prohibition of perpetual rule.

Though Section 180(2) of the Constitution explicitly limits the tenures of Governors and Presidents to two terms of four years each, this principle has been judicially extended to cover executive offices generally, particularly through the Supreme Court’s interpretation in Marwa v. Nyako. The Court firmly held that no person can remain in executive office for more than eight years in total, regardless of how the tenure began whether by regular election, rerun, or succession.

2. Examination of Section 27(5): Deeming Clause for By-Election

Section 27(5) of the 2025 Law provides that:

“The person elected to fill a vacancy under this section, shall only complete the unexpired term of office of the previous holder, which term shall be deemed as full term.”

This is a pivotal provision, directly addressing an ambiguity in the repealed Cap L82 Law. Under the 2015 Law, while provisions existed for by-elections to fill vacant Chairmanship seats (see Section 23), there was no clarity on whether the individual completing such a term could still contest for two full tenures thereafter. This lacuna allowed individuals to argue that they were still eligible for two full terms after completing a predecessor’s tenure, thereby potentially exceeding eight years in office.

The 2025 Law corrects this by explicitly stating that the completion of an unexpired term through election counts as a full term, in line with constitutional expectations and the Supreme Court’s reasoning in Marwa v. Nyako[3]. This ensures that the democratic principle of term limits is respected at the local government level, just as it is at the state and federal levels.

3. Analysis of Section 28(4): Vice-Chairman’s Succession Treated as Full Term

Section 28(4) states:

 “Where the Vice-Chairman or any person takes over the office of the Chairman on the death or impeachment of the Chairman for the remainder of the term in office, such term shall be counted as a full term for the person taking over the office of the Chairman.”

This section clarifies an important issue. The 2015 Law, in Section 24, permitted the Vice-Chairman to assume the role of Chairman upon vacancy due to death or removal, but did not state whether that tenure would count as a term. The silence of the previous law again left room for manipulation by Vice-Chairmen or placeholders who could serve out a term and still contest twice more.

By contrast, the 2025 Law closes this loophole, making it clear that any assumption of the Chairmanship, regardless of duration, is counted as a full term. This provision is constitutionally sound, drawing strength from Section 180(2) of the Constitution (by analogy), and echoes Section 146(1), which governs the succession of a Vice-President to the Presidency. The Supreme Court’s position in Marwa v. Nyako makes it clear that the manner of assumption does not affect the constitutional limit of two terms.

4. Review of Section 59(3): Saving Clause for Continuity

Section 59(3) provides that:

 “Nothing in this Law shall invalidate any act done or purported to have been done before the repeal of the Laws mentioned in this law.”

Unlike the repealed Cap L82, which contained no saving clause, this provision ensures legal continuity and protects the validity of prior actions carried out under the old law. It reflects established legal principles that laws should not have retrospective invalidating effects, except where expressly stated, and aligns with the rule of law and legitimate expectation doctrines

This provision is also consistent with general constitutional jurisprudence. The courts have long maintained that transitions between laws should not automatically vitiate prior legitimate acts, especially in administrative law contexts

5. Conclusion

The Lagos State Local Government Administration Law, 2025 is a well-drafted and timely legislative update that corrects long-standing ambiguities in the local government legal framework. By explicitly aligning with the tenure limitation doctrine articulated in Marwa v. Nyako and by drawing analogical strength from the 1999 Constitution, the new law enhances the transparency, accountability, and democratic legitimacy of local governance in Lagos State.

Not only does it clarify that any form of succession counts as a full term, it also ensures that past administrative acts are protected, thereby upholding the rule of law. Overall, the 2025 Law represents a constitutional model for other states seeking to modernize and democratize their local government laws.

*Femi Falana is a Senior Advocate of Nigeria