Constitutional Democracy and Local Government Transition Committees: An Appraisal of the Decision in

This paper reviews the constitutionality of the Local Government Transition Committees set up by some states in Nigeria. This has become imperative in view of the agitations from various parts of the country both for and against such committees. Several judicial pronouncements have also emerged on the issue. This includes that recently made by the Anambra State High Court in the above-stated case, which forms the background of this work. This paper argues that the current constitutional framework operational in Nigeria does not recognize such bodies and thus they should be dissolved, since their creation is unconstitutional. BACKGROUND: By an Originating Summons dated 6th December 2010, the plaintiff sought, inter alia, for a declaration that in view of S. 1(2) and 7(1) of the 1999 C.F.R.N. (as amended), it is illegal and unconstitutional for the Governor of Anambra State or any of the defendants to appoint, deal with or recognize Local Government Transitio