Nigeria’s electoral body, the Independent National Electoral Commission, INEC says the election for Chairmen and Councilors of the four area councils of the Federal Capital Territory will be held in 2026.
INEC Chairman, Professor Mahmood Yakubu clarified while in the audience with the national leadership of the Inter-Party Advisory Council, IPAC, led by its chairman, Yusuf Mohammed Dantalle, who doubles as Chairman of the Allied Peoples Movement, APM.
He was accompanied by the leadership of IPAC in the Federal Capital Territory (FCT) with the sole purpose of seeking the Commission’s clarification on the tenure of the current Chairmen for the six Area Councils as well as the 62 Councilors in the FCT.
Professor Mahmood said the Commission had earlier received inquiries from some Law Firms, an individual, a political party, and the FCT Chairmanship Aspirants’ Forum and a demand for the Commission to release the Timetable and Schedule of Activities for the Area Council elections.
“Their inquiries are 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 12th February 2022. The Electoral Act 2010 (as amended) provides for a three-year tenure for Chairmen and Councilors which, in their opinion, expires next year,’ he said.
Electoral Act
He explained that the National Assembly had repealed and re-enacted the Electoral Act 2010 (as amended) as the Electoral Act 2022.
“In particular, in the exercise of its powers as the law-making body for the FCT, the National Assembly extended the tenure of the Area Councils from three to four years, thereby aligning it with executive and legislative elections nationwide.
“This is one of the important provisions of the Electoral Act 2022. The Act came into force on Friday 25th February 2022, two weeks after the last Area Council elections in the FCT. By the time the elected Chairmen and Councilors were sworn in four months later on 14th June 2022, they took their oath of allegiance and oath of office based on the new electoral Act (i.e. the Electoral Act 2022) which provides for a four-year tenure. Consequently, their tenure therefore expires in June 2026,” he said.
The INEC Chairman stated that tenure was 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.
“For the executive, the tenure belongs to the elected individual while for legislators, the tenure belongs to the Legislature. 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,” he said.
Timetable For Edo/Ondo
Professor Mahmood noted that the Commission has since released the Timetable for the 2024 Edo and Ondo States Governorship elections but whoever wins the election in Edo State in September or in Ondo State in November would not immediately assume office because this would only take place after the administration of the oath of office upon the expiration of the tenure of the incumbent holders of the offices.
“Elections are only held earlier to a avoid vacuum. That is why the Constitution empowers the Commission to hold elections not earlier than 150 days and not later than 30 days before the end of the tenure of incumbent holders of elective offices.
“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”. Mahmood explained.
Professor Mahmood reassured political parties and their candidates that the commission was aware of its responsibilities under the law especially Section 28(1) of the Electoral Act 2022 which 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 the elections.
“The Area Council election in the FCT conducted by INEC remains a model for Local Government elections in the country. Tenure is stable for Chairmen and Councillors. There has never been a caretaker committee in any Area Council in the FCT. Democratic elections are conducted regularly. There is a 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,” he said.
Appeal
The INEC Chairman appealed to all persons with the 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”.
Professor Mahmood Yakubu commended the role of IPAC led by the National Chairman in mobilising stakeholders in the FCT to interface with INEC on the tenure issue.
He described their proactive stance as one of the objectives behind the formation of IPAC so that when matters of this nature come up, the Commission would always be available to interact with members and provide the necessary clarifications.
Earlier, national leadership of the Inter-Party Advisory Council, IPAC, chairman, Yusuf Mohammed Dantalle, said he had to bring stakeholders along to the INEC office to get first-hand information about the tenure of the council chairman in the FCT and the 62 Councilors.
Confidence Okwuchi
