By Kayode Sanni-Arewa
The Independent National Electoral Commission (INEC) has told registered political parties in the country under the auspices of Inter-Party Advisory Council (IPAC) that the tenure of the elected chairmen for the six Area Councils and 62 Councillors in the Federal Capital Territory (FCT) will expire in June 2026.
INEC chairman, Professor Mahmood Yakubu, disclosed this when IPAC, under the leadership of Yusuf Mohammed Dantalle, met with the Commission to seek clarification on the tenure of the current FCT Area Council chairmen and Councillors in Abuja on Friday.
Yakubu, therefore, said INEC will not be conducting FCT Area Council polls next year until 2026 given the provisions of the Electoral Act, 2022 (as amended), which became operational before the Area Council chairmen and Councilors were sworn-in in June, 2022.
According to him, IPAC’s inquiries and others were based on the provision of the Electoral Act 2010 (as amended) which was the subsisting law at the time elections to the Area Councils were held on Saturday, February 12, 2022.
The Professor of History noted that the repealed Electoral Act 2010 (as amended) had provided for a three-year tenure for FCT Area Council Chairmen and Councillors.
He, however, explained that the new Electoral Act came into force on Friday, February 25, 2022, two weeks after the last Area Council elections in the FCT and by the time the elected Chairmen and Councillors were sworn-in four months later on June 14, 2022, they took their oath of allegiance and oath of office on the basis of the the new Electoral Act 2022 which provides for a four-year tenure.
“Consequently, their tenure, therefore, expires in June 2026. For the avoidance of doubt, tenure is not defined by the date of election but the date of the oath of office for executive elections or the date of inauguration for legislative houses.
“A President/Vice President-elect, Governor/Deputy Governor-elect, Senator-elect, Member-elect, Chairman-elect or Councillor-elect cannot exercise the powers of office and draw from the remunerations attached to it until such a person is sworn-in or the legislative house is inaugurated.
“…In the case of the FCT, Section 108(1) of the Electoral Act 2022 under which the current Chairmen and Councillors were sworn-in on 14th June 2022 is clear and therefore unambiguous:
‘(1) An Area Council shall stand dissolved at the expiration of 4 years commencing from the date –
(a) when the Chairman took the oath of office; or (b) when the legislative arm of the Council was inaugurated whichever is earlier’.
“Again, there are several judicial authorities, including the judgement of the Supreme Court, that tenure begins from the date of oath of office and not the date of election. The Law Firms that have written INEC on behalf of their clients ought to have drawn their attention to both the law and judicial pronouncements on the matter.
“I wish to reassure you that we are aware of our responsibilities under the law. Section 28(1) of the Electoral Act 2022 requires the Commission to release the Timetable and Schedule of Activities 360 days (i.e. One year) before the date fixed for the election. It cannot be released two years ahead of elections.
“As you are all aware, the Area Council election in the FCT conducted by INEC remains a model for Local Government elections in the country. There is stability of tenure for Chairmen and Councillors. There has never been a caretaker committee in any Area Council in the FCT. Democratic elections are conducted on regular basis.
“There is plurality of electoral outcomes as no single political party has ever won elections in all the 68 Constituencies (six Area Council Chairmen and 62 Councillors). We will continue to uphold the sanctity of tenure and improve the credibility of these elections.
“May I, therefore, appeal to all persons with ambition to contest for the positions of Chairmen and Councillors in the FCT to be guided by the provisions of the law and judicial pronouncements on the issue of tenure. I also appeal to political parties to enlighten their members accordingly. At the appropriate time, the Commission will release the Timetable and Schedule of Activities for the election,” Prof. Yakubu added.