Nigeria operate a federal system of Government which consists of the federal, state and local Government.
Section 7(1) of the 1999 constitution provides that "the system of Local Government by democratically elected Local Government council is under this constitution guaranteed ".This means that the constitution recognise the Local Government as a separate entity from other arms of Government. The Law recognize that democratically conducted election is guaranteed, Thus any other form of selection or appointment made by the State Government or any other authority in it's capacity or appointment into the Local Government outside electoral process is contrary to the constitution.
Pursuant to Section 1(1)(3) of the 1999 Constitution, it provide that the Constitution is Supreme and any Law that is inconsistent with the provisions of the constitution is void and unenforceable.
In AKAN . v. A.G AKWA IBOM, the Governor dissolved the Local Government and constitute a caretakers committee in it's place. The court held that such dissolution of the Local Government and appointment of Caretakers was unconstitutional as the Local Government is a separate entity from other arms of Government. The same position was followed in BALOGUN V.A.G LAGOS STATE.