FCT Area Councils tenure ends in 2026 – Prof. Yakubu

The Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, at a meeting with the Inter-Party Advisory Council (IPAC) and other stakeholders had declared that the tenure of the Area Councils in the Federal Capital territory (FCT) will end in 2026, noting that elections cannot be conducted until the expiration of the tenure.

The INEC Chairman highlighted that the National Assembly has since repealed and re-enacted the Electoral Act 2010 (as amended) as the Electoral Act 2022.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.

According to Yakubu, “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 Councillors were sworn-in four months later on 14th June 2022, they took their oath of allegiance and oath of office on the basis of 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.”

The full statement of the INEC Chairman at teh meeting reads:

REMARKS BY THE CHAIRMAN, INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC), PROF. MAHMOOD YAKUBU, AT A MEETING LED BY THE LEADERSHIP OF THE INTER-PARTY ADVISORY COUNCIL (IPAC) ON THE TENURE OF AREA COUNCILS IN THE FEDERAL CAPITAL TERRITORY (FCT) HELD AT THE INEC CONFERENCE ROOM, ABUJA, ON FRIDAY 28TH JUNE 2024

The National Chairman and other Executive Members of IPAC
The Chairman and Members of IPAC in the FCT
National Commissioners of INEC
Secretary to the Commission
Other Senior Officials of the Commission
Members of the INEC Press Corps
Ladies and Gentlemen

1. It is my pleasure to welcome you to this meeting. I must particularly commend the national leadership of the Inter-Party Advisory Council (IPAC) led by Yusuf Mohammed Dantalle, who doubles as Chairman of the Allied Peoples Movement (APM), for this initiative. I understand that the national leadership of IPAC, as the umbrella body of all political parties, is 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 Councillors in the FCT.

2. I must also place on record that the Commission had earlier received inquiries from some Law Firms, an individual, a political party and one FCT Chairmanship Aspirants’ Forum. In summary, all the inquiries relate to the tenure of the Area Councils 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 Councillors which, in their opinion, expires next year.

3. However, Nigerians are aware that the National Assembly has since 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 Councillors were sworn-in four months later on 14th June 2022, they took their oath of allegiance and oath of office on the basis of 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.

4. 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. 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. To further illustrate this position, the Commission has since released the Timetable for the 2024 Edo and Ondo State Governorship elections. This does not mean that whoever wins the election in Edo State in September or in Ondo State in November will immediately assume office. This will 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 in order 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 tenure of incumbent holders of elective offices.

5. 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”.

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6. 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. You may also wish to note that when the Electoral Act 2022 was signed into law two weeks after the Commission conducted the last Area Council elections in the FCT, the incumbent holders (Chairmen and Councillors) challenged us that we conducted the election too early, claiming that the new Electoral Act extended their tenure from three to four years. We reminded them that they took their oath of office under the old law before the coming into force of the new Electoral Act. Therefore, their tenure will expire in June 2022.

7. 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.

8. 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.

9. 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.

10. We appreciate the role of IPAC led by the National Chairman in mobilising stakeholders in the FCT to interface with INEC on this very important matter. This is one of the objectives behind the formation of IPAC so that when matters of this nature come up, the Commission will always be available to interact with you and provide the necessary clarifications.

11. Once again, I welcome you to this meeting. Thank you and God bless.