Barely two weeks before the local government council elections in Delta State, a Peoples Democratic Party (PDP) councillorship candidate has died.

Identified as Hon Jumi Odaji, he was seeking a second term to represent Bowen Ward 20 (Agbassa & Alders Town) in Warri South Local Government Area of Delta State in the upcoming July 13 local government election.

He passed away on Thursday night, and the cause of his death is unknown at the time of filing this report.

Meanwhile, some prominent Deltans have instituted a suit at the Federal High Court, Asaba, praying the court to stop the Delta State Independent Electoral Commission (DSIEC) from conducting the July 13 local government election in some council areas.

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They are Denbo-Denbofa Oweikpodor, Comrade Sheriff Mulade, Arc Sylvester Adowei, Emmanuel Igetei, and Midwest Kukuru Esq., maintaining that the election should not hold in Warri South, Warri South-West, and Warri North Local Government Areas.

The plaintiffs, on behalf of themselves and “the Ijaw people of the three LGAs of Warri Federal Constituency of Delta State,” in suit no: FHC/ASB/CS/87/2024, demanded a declaration that: “The 2nd Defendant (DSIEC) cannot conduct council elections in the three councils of Delta State, without the 1st Defendant (INEC) establishing fresh polling units in compliance with the judgment of the Supreme Court of Nigeria in Appeal No. S/413/2016: HON. GEORGE U. TIMINIMI & 9 ORS v. INEC delivered on 2/12/2022.”

The Independent National Electoral Commission, INEC, has asked political parties and other stakeholders to avert their minds to the provisions of the Electoral Act 2022 (As Amended) with respect to the tenure of Area Council Chairmen in the Federal Capital Territory, FCT.

According to the commission, the Act guarantees a four-year tenure for the Chairmen and Councillors, not the three years provided in the Electoral Act 2010.

INEC Chairman, Prof. Mahmood Yakubu disclosed this at a meeting with the Inter-Party Advisory Council, IPAC, on Friday in Abuja.

He said the tenure of the current chairmen and councillors would lapse in June 2026.

Yakubu said the Commission had earlier received inquiries from some law firms, an individual, a political party and one FCT chairmanship aspirants’ forum regarding the tenure of the area councils.

He added that there was also a demand for the Commission to release the timetable and schedule of activities for the area council elections.

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Yakubu said their inquiries were based on the provisions 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.

Vanguard recalls that the Electoral Act 2010 (as amended) provides for a three-year tenure for Chairmen and Councillors, a development that had fueled speculations that the tenure of the chairmen expires next year.

Explaining the position of the law, Yakubu said: “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.

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“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.

“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 remuneration attached to it until such a person is sworn in or the legislative house is inaugurated.

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“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.

“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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“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.

“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”.

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Yakubu added that the Area Council election in the FCT conducted by INEC remains a model for Local Government elections in the country, noting that 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”, he stated.

Earlier, the National Chairman of the Inter-Party Advisory Council IPAC, Yusuf Mohammed Dantalle, said they were at the Commission to seek clarification on the tenure of the current Chairmen for the six Area Councils as well as the 62 Councillors in the FCT.

He said whether three or four years, the issue had been settled before but that he still deemed it necessary to bring along other stakeholders to the commission to get first-hand information about the tenure of council chairmen in FCT.

The National Chairman of the Peoples Democratic Party (PDP), Amb. Umar Damagum, has denounced a statement credited to President Bola Tinubu, to the effect that he would take Edo for his party, the All Progressives Congress (APC).

Damagum, who spoke during the ongoing inauguration of the National Campaign Councils for Ondo and Edo States, in Abuja, on Thursday said the President and his party should be made aware that “Edo, no be Lagos.”

He said the ruling party should also be made aware that the PDP and the people of the two states would not allow anyone to “grab, snatch and run” with their mandate.

The party chairman equally said the people of Edo State were pleased with the record of performance of the outgoing PDP government led by Godwin Obaseki and were prepared to reward the party with their votes.

For Ondo State, he said the PDP and its members in the state had learnt their lessons from the last four years in opposition.

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Damagum said, “Today, we are inaugurating these two campaign councils. I just have two or three words to say to you. Most of those of you that are selected have done this job before and have done it effectively.

“I want to remind you that the party you belong to is truly a democratic party.

“From the way these candidates emerge, it has shown that we are truly democratic. And also this should give you the faith that what you are going to embark on will yield the desired fruits.

“I’ve just been watching the remarks especially on Ondo, Amin Edo, where the President said he’s taking Ondo for his patch.

“Like we’ve always said, he has tried it before, and we have a slogan that ‘Edo no be Lagos.’ So, I want to use this opportunity to stress that we are in a democratic dispensation and there are rules that have to be adhered to.

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“We will not sit down and allow anybody to snatch, grab, and steal. We will be battle ready for any thief that rares his head to steal our fortune.

“We have done so well in Edo State. We thank the Governor. We are very proud of him. And our records in that state speak volumes.

“And it is part of our pride. And it will be one we will use to continue giving them that dividend that they have enjoyed during Godwin Obasiki.

“So Edo is there for us because we have done very well and we will take it back to the PDP. Edo State has always been PDP.”

In his remarks, the party’s National Organising Secretary, Capt. Umar Bature (Retd), said the Adamawa State Governor, Ahmadu Fintiri will chair the Edo State Campaign Council to be assisted by his Delta.

State counterpart, Sheriff Oborevwori and Dr. Agu Kefas of Taraba State.

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He also said. “Mr. Chairman, he has about 148 members and we pray for the success of this committee.

“The committee from Ondo is chaired by Senator Ademola Adeleke, who unfortunately has not been feeling well to attend today. He made sure that his deputy will attend.

“We have Barrister Caleb Muftwan from Plateau will also be deputy and as well as Dauda Lawal from Zamfara State will be the second deputy.

“This list has about 177 members. Ondo is very large and we believe the composition of this membership will have cut across all our party members in those two states and we pray that we deliver these states.“

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While speaking on behalf of the campaign councils, the Chairman for Edo State , Governor Ahmadu Finitiri of Adamawa State, said, “We are ready for Edo. We will not leave anything to chance. We will leverage on Obasaki’s performance.

“We have a low hanging political fruits in the two states. We should go with all seriousness.

“We will match APC. With technology, rigging is very minimal. PDP has bright chances in the two states. Edo has registered over 2000 since new registration has started.”

Speaking earlier, a member of the PDP National Executive Council who is also a member of the campaign team, Chief Tom Ikimi, said, “On behalf of those state members who are here, I salute you all. I’d like to thank the working committee for this occasion.

“That is the inauguration of the campaign council, national campaign council for Edo State. Let me assure you that we have already won the election in Edo State.”