The Peoples Democratic Party, PDP, has rejected what it called a bizarre judgement which attempts to extend by one year, the tenure of the out-going Chairmen and Councilors of Federal Capital Territory Area Councils, which expires tomorrow, Friday, May, 20, 2022.
Briefing newsmen at the party’s headquarters in Abuja, the National Publicity Secretary, Mr Dabo Ologunagba said the clear intent of this judgment was to abridge the electoral process, overthrow the entire outcome of the FCT Area Council election held on Saturday, February 12, 2022 which was overwhelmingly won by candidates of the PDP, halt the swearing in of the newly elected Chairmen and Councilors and impose an undemocratic government in the FCT.
He said “the PDP vehemently and without equivocation rejects the judgement in its entirety. This judgment cannot be executed as it is unconstitutional, illegal, baseless and devoid of any legal foundation and reasoning for implementation.
“This is because the four years tenure provided for FCT Area Council Chairmen and Councilors in the newly enacted Electoral Act 2022, upon which the judgement is based, cannot be made retroactive to apply to outgoing Chairmen and Councilors who were elected under the 2010 Electoral Act which provided for a three-year tenure commencing from the date of their swearing in”said the National Publicity Secretary.
“Alarmingly, the intent of this judgement by Hon. Justice Ibrahim Mohammed is to make the law retroactive to illegally favour the out-going Chairmen and Councilors who were sworn in for a three-year tenure under the 2010 Electoral Act, which tenure, by the provision of that Act, ends on May 20, 2022″.
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According to Mr Ologunagba, the Electoral Act 2022 has a commencement date of February 25, 2022 and it is trite in law that laws become effective from their commencement date and cannot be retroactive in effect as being attempted by Hon. Justice Ibrahim Mohammed.
“It is even more worrisome that the FCT High Court presided over by Hon. Justice Ibrahim Mohammed would allow itself to be used to a point where it can give a judgment which the judge knows or ought to know is illegal as no law can be made retroactive” he stressed.
“Nigerians are invited to note that the Court gave judgement in this case with a set of individuals as claimants and the Minister of the FCT as the sole defendant, leaving out necessary parties, including the PDP, whose candidates won the majority of seats in the February 12, 2022 elections; the National Assembly that enacted the law, the Attorney General of the Federation, who has the responsibility of executing the law and of course the Independent National Electoral Commission (INEC) which conducted the elections”.
He said the PDP was persuaded to believe that the judgment was a deliberate attempt to subvert the democratic process without regard to the consequential crisis and restiveness such portend in the FCT.
“The APC should know that any breakdown of law and order in the FCT on account of an attempt to muscle or abridge the right and the will of the people will be inconsistent with the very fundamental principle of democracy, which is the peaceful transfer of power from one administration to another” the PDP said.
“Moreover, we hope this is not an attempt to lay a foundation to use the court to actualize a veiled third term agenda being rumoured. The APC should know that such will be firmly resisted by Nigerians. In any case, the PDP cautions the outgoing Chairmen and Councilors whose tenure under the 2010 Electoral Act upon which they were sworn in will effectively come to an end by the effusion of time on Friday, May 20, 2022 to steer clear of the respective Area Council offices from that date”.
The PDP called on the people of the FCT to get ready for the swearing in of their new Chairmen and Councilors duly elected on February 12, 2022 as the Party takes firm legal steps to address the orchestrated attempt by the APC and Justice Ibrahim Mohammed to frustrate the will of the people.
“The PDP urges the Chief Justice of Nigeria (CJN) to protect the integrity of the judiciary by immediately calling Hon. Justice Ibrahim Mohammed to order, especially for violating the CJN’s persistent admonitions to judges not to open themselves to political manipulations.
“The Hon. Justice Ibrahim Mohammed by this judgment has brought the institution of the Judiciary into disrepute. Our party will ensure that this illegal judgment is set aside as well as take firm steps against Justice Ibrahim Mohammed including referring his conduct which is unbecoming of a judicial officer to the National Judicial Council (NJC) for sanction so as to restore the confidence Nigerians have on the very respected institution of the Judiciary”.
Emmanuel Ukoh
