Politics

Why We Can’t Conduct Council Elections Next Year — INEC

Published

1 year ago

June 28, 2024

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.

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Explaining the position of the law, Yakubu said: “Nigerians are aware that the National Assembly has since repealed and re-enacted the Electoral Act 2010 (as amended) as the Electoral Act 2022.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.

“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.

“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”.

“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”.

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.

Politics

2027: Jonathan Opens Up On Eligibility To Run Again

Published

10 hours ago

September 7, 2025

Editor

The controversy over the eligibility of former President Goodluck Jonathan to join the 2027 presidential race took a twist last week when it emerged that a court had cleared the obstacle to his being sworn in for the third time as president.

Critics had cited Section 137(3) of the 1999 Constitution (as amended) which provides that no elected person into public office in Nigeria shall be sworn-in more than twice, basing their argument on the former president’s swearing-in in 2010 after his predecessor, the late President Umaru Yar’Adua, died in office, and 2011 when he won his own election. He left office in 2025 after losing reelection and the Section 137(3) wasn’t law until 2018, three years later, triggering the argument on whether or not the law can apply to him retroactively.

Significantly, some leaders of the Peoples Democratic Party (PDP) are pushing for him to contest on the platform of the party the 2027 presidential election.

Vanguard obtained the judgment of the Federal High Court Yenagoa which heard the case and the trial judge, Hon. Justice Isa H. Dashen, while reviewing the submissions made before him on May 27, 2022, quoted copiously from the Counter-Affidavit in which Jonathan made his case, saying he could not be legally stopped from participating in presidential election in the future based on Section 137(3) of the Constitution.

Dashen agreed with the former president’s position.

Curiously, the All Progressives Congress (APC) and the Independent National Electoral Commission (INEC), which were both joined as Defendants in the suit filed by two persons who described themselves as APC members (Andy Solomon and Ibidiye Abraham), failed to make appearances despite being served with all the processes, forcing the presiding judge to remark that they agreed with all the facts of the case as pleaded by the Plaintiffs and Jonathan who was the First Defendant.

On this, he noted: “As earlier stated, both 2nd and 3rd Defendants (APC and INEC) did not file any processes in response or reaction thereto despite service of the Originating process on them.

“In the locus classicus case of OYEYIPO VS OYINLOYE (1987) I

NWLR (Part 50) 350, the Apex Court held thus: ‘A Defendant who fails to enter appearance or file Counter-Affidavit in response to the averments in support of the Originating Summons would be presumed to have Demurred and admitted the facts deposed to in the Affidavit filed in support Originating Summons.

“See the recent case of FUTMINA & ORS VS OLUTAYO (2017)

LPELR- 43827 (SC) and CHEVRON (NIG) LTD VS IMO STATE

HOUSE OF ASSEMBLY AND ORS (2016) LPELR- 41563 (CA) where the Appellate Courts confirmed the above position”.

The Jonathan case
Dashen, in his judgment while referring to Jonathan’s Counter-Affidavit in which he made his case, said: “The 1st Defendant’s Counter-Affidavit is of Twelve (12) paragraphs and is deposed to by one Engr. Peletiri John Debetimi who described himself as an Assistant to the 1st Defendant.

“One (1) exhibit marked as Exhibit EKOI was annexed to the said Counter-Affidavit.

“Exhibit EKOI is a copy of the Official Gazette containing the 4th Alteration to the Constitution of the Federal Republic of Nigeria, 1999.

“In summary, the 1st Defendant’s response, as stated in his Counter-

Affidavit, is that he has never been ‘elected’ into the Office of the President of the Federal Republic of Nigeria on Two (2) previous occasions.

“The 1st Defendant stated that the oath of office he took on the 6th of May, 2010 was taken upon his ‘Election’ as President of the Federal Republic of Nigeria.

“The 1st Defendant further asserted that he took the said oath to complete the aborted tenure of the late President Umar Yar’ Adua.

“The 1st Defendant referred the Court to the decision of the Court of Appeal in the case of CYRIACUS NJOKU VS.GOODLUCK EBELE JONATHAN (2015) LPELR-24496 wherein the Court of Appeal held that the oath of office he took on 6th May, 2010 cannot be taken into account in the interpretation of the provisions of Section 137(1) (b) of the Constitution.

“The 1st Defendant, thereafter, stated that he has only been elected to the Office of President once and in year 2011.

“With respect to the provisions of Section 137(3) of the Constitution, the 1st Defendant stated that from Exhibit EKOI (i.e. the Official Gazette of the 4th Alteration of the Constitution), ‘Commencement’ date of the said amendment to the provisions of Section 137 of the Constitution therein contained is said to be ‘7th Day of June, 2018’. “Therefore, the 1st Defendant contended that the amendment introduced by sub-section (3) of Section 137 of the Constitution came into effect and became operational from 7th June, 2018.

“On the basis of the foregoing, the Defendant contended that since he took the first oath of office as President in year 2010 and the second oath of office in year 2011 respectively, the 4th Alteration of the Constitution which took effect from th June, 2018 cannot be applied retrospectively to prevent him from exercising his right to contest for the Office of President of the Federal Republic of Nigeria, which said right accrued to him since year 2015 before the 4th Alteration to the Constitution was effected.

Three questions
“In his written address, the 1st Defendant formulated three (3) questions for the determination of this Court.

“Whilst the 1st Defendant adopted questions 2 and 3 submitted by the Plaintiffs, he re-phrased question 1 submitted by the Plaintiffs.

“Therefore, the questions submitted by the Plaintiffs and the 1st Defendant are congruent and are not substantially different.

“The questions submitted by the 1st Defendant read as follows:

1. Whether in view of the provisions of:

a. Section 137(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered); and

b. Section 137 (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) (as contained in the 4th Alteration (No.16) Act 2017), the 1st Defendant is qualified to contest for the office of the President of the Federal Republic of Nigeria in the 2023 General Elections.

2. If the answer to 1 above is in the affirmative, then: Whether the

2nd Defendant is entitled to field the 1st Defendant as its presidential candidate in the 2023 General Elections.

3. Whether the 3rd Defendant is entitled to disqualify the 1st Defendant from contesting and/or from 2nd Defendant’s presidential candidate in the 2023 General Elections.

“Again, at paragraphs 4.00 4.05 of his written address, the 1st Defendant raised a Preliminary Point challenging the locus standi of the Plaintiffs to institute the instant suit.

“I shall deal with this preliminary point whilst considering the substantive Originating Summons.

“On the basis of the foregoing, the 1st Defendant asserted that he is eminently qualified to contest for and/or nominated for election into the Office of the President of the Federal Republic of Nigeria.

“The 1st Defendant therefore urged the Court to discountenance the Plaintiffs’ contentions and answer the questions submitted in the Originating Summons in his favour and against the Plaintiffs and refuse the reliefs sought for by the Plaintiffs”.

For the part of the Plaintiffs, the questions they wanted resolved by the court, according to the judge, are:

1. Whether, in view of the provisions of Section 137(1)(b) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 (as altered) and the fact that the 1st Defendant had earlier been sworn-in as the President of the Federal Republic of Nigeria in 2010 and 2011 respectively, the 1st Defendant is qualified to contest for the office of the President of the Federal Republic of Nigeria in the 2023 General Elections to be organized by the 3rd Defendant (INEC).

2. If the answer to 1 above is in the negative, then: Whether the 2nd

Defendant (APC) is entitled to field the 1st Defendant as its presidential candidate in the 2023 General Elections.

3. Whether the 3rd Defendant (INEC) is entitled to disqualify the 1st Defendant (Jonathan) from contesting and/or from being presented as the 2nd Defendant’s (APC) presidential candidate in the 2023 General Elections.

Juxtaposition
Reading his judgment, Justice Dashen said: “Having carefully considered the arguments of the parties, I am of the view that the determination of the application or otherwise of the provisions of sub-section (3) of Section 137 of the Constitution to the 1st Defendant lies on the juxtaposition of the date when the 1st Defendant claims to have acquired his present right to be sworn-in as President and the date on which sub- section (3) of Section 137 of the Constitution took effect.

“The starting point is to acknowledge the fact that sub-section (3) of Section 137 of the Constitution was not originally part of the corpus of the Constitution. Sub-section (3) of Section 137 of the Constitution was introduced by the 4th Alteration to the said Constitution.

“Although the 1st Defendant attached the Official Gazette wherein this alteration was published as Exhibit EKO I (i.e. Exhibit) to his Counter-Affidavit, this Court is empowered to take judicial notice of the law by virtue of the provisions of Section 122(2)(a) of the Evidence Act 2011. A cursory look at Exhibit EKO1 (i.e. Exhibit) will reveal that the 4th Alteration introduced a restriction with regard to the number of times a person, sworn-in as President of the Federal Republic of Nigeria to complete the term for which another person was elected, can be sworn-in as President after completing the remainder of the said term.

“Sub- section (3) of Section 137 of the Constitution states that any person who was so sworn-in shall, after completing the term of such other person, be eligible to be only elected to the office of President for a single term.

“Further scrutiny of Exhibit EKOI (i.e. Exhibit) also reveals that the 4th Alteration was enacted by the National Assembly in 2017; however, the ‘commencement’ date for same was expressly set for ‘7th Day of June, 2018’.

“Having the benefit of reading the Official Gazette (i.e. Exhibit ÉKO1), I therefore have no difficulty in holding that provisions of subsection (3) of Section 137 of the Constitution took effect from 7th June, 2018. And I so hold”.
(VANGUARD)

Politics

Guber Polls: Primate Ayodele Releases Prophecies On Anambra, Ekiti, Osun

Published

19 hours ago

September 7, 2025

Editor

The leader of INRI Evangelical Spiritual Church, Primate Elijah Ayodele, has released fresh prophecies concerning the governorship elections coming up in Anambra, Ekiti and Osun, respectively.

The cleric, in a statement signed by his media aide, Osho Oluwatosin, revealed the fate of political parties participating in the election.

For Anambra, Primate Ayodele stated that it is only God that can help the APC candidate win because the only person who could have unseated Charles Soludo as governor is Ifeanyi Ubah, who is now late.

The cleric stated that the only way Soludo can be defeated is if the opponents come together against him; otherwise, he will return to office for his second term in office.

However, he warned Soludo to be careful and watch against attempts to rig him out of the election through the back door.

“Anambra: Only God can help the APC candidate, maybe if he seeks the face of God, but without that, give it to Soludo. It is only God who can remove Soludo. The opponents should have formed a coalition, but because they are self-centred, they will lose.

“If Ifeanyi Ubah were alive, he would have been the one to unseat Soludo, but the current APC candidate doesn’t know what to do to win. Soludo can be defeated if the candidates can take a strong step, but they can’t. Soludo will return whether anyone likes it or not.

“The Labour party candidate doesn’t know how to go about it, and the PDP candidate will not make any impact. I would advise all of them to come together and give it to Soludo. The man who can do it better is no longer alive. However, they will rock Soludo’s government with insecurity; he should brace up and must not sleep otherwise, they can rig him.”

In Ekiti, the cleric states that Oyebanji will be favoured to return to power, but he must watch his back against internal crisis, court issues, and evil elements in his government.

He noted that he needs to put things in order for his victory to be certain.

“Ekiti: There are a lot of people who hate the Ekiti governor, but the point is Oyebanji is favoured to return for his second term. However, he must watch his back because there are evil elements who want him to lose.

“The crisis in Ekiti has not started yet, but God will help him to survive. They will also use a court matter against him after the election. He must not sleep; he must do more security checks to know who to put into position, though they are looking at fighting him from the federal level, he must wake up. He should put so many things in order for his victory to be certain.”

In Osun, Primate Ayodele warned Governor Adeleke to be ready for fighting because the opposition will not take it easy with him.

He advised him to spread his political tentacles to all local governments and focus more on the grassroots.

The prophet commended the governor for the works he has done, while revealing that opposition is ready to blackmail him and sponsor a tribal crisis to destabilise his government.

He advised the governor to be ready for anything towards, during and after the election.

“Osun: APC will fight Adeleke big time and try everything to destabilise him. He needs to wake up and restrategize, and spread his political tentacles to all the local governments. He needs more grassroots support from the kings, youths, farmers, and artisans.

“The APC is adamant to set his camp ablaze. They are ready to blackmail him and are ready for negative propaganda. He must be very careful with his policies, and they want to use his assembly to fight him. He has worked and done better than his predecessors, but the APC is ready to rig him out by any means necessary. He needs to work on his security and avoid border crisis and tribal crisis in Osun because the opposition wants to sponsor a crisis in Osun.”

Politics

Rhodes-Vivour Dumps Labour Party, Joins ADC

Published

1 day ago

September 6, 2025

Editor

The former Labour Party governorship candidate in the 2023 election in Lagos State, Gbadebo Rhodes-Vivour, has formally declared for the African Democratic Congress.

Rhodes-Vivour made the announcement at an event held in Lagos on Saturday.

The development came on the heels of a coalition of opposition parties under the ADC platform seeking to wrestle power from the ruling All Progressives Congress in the 2027 general elections.

The party officially formed the coalition in July, courting prominent figures in a bid to build a formidable third force ahead of the polls.

Speaking during the declaration, Rhodes-Vivour described the move as part of a broader coalition.

He said, “I am happy to become part of this family. I’m looking forward to the union and governance that this party will bring to Nigerians. My prayer is that God will grant our leaders and the party’s structure the wisdom to come together and define a new path for our beloved country.”

The politician also called for unity among opposition parties ahead of the 2027 general elections.

“This is a coalition that is meant to rescue Nigeria. I have said since after the 2023 elections that we cannot afford to divide the opposition going into the next election. We must come together, united through a robust coalition that will stand a chance in 2027 to deliver this country,” he added.

Rhodes-Vivour had accused the police on Friday of attempting to frustrate the event, which was scheduled to take place in the Alimosho area of the state.

In a statement issued by his aide, Olalekan Anjolaiya, the organisers were said to have duly notified the police about the event.

It was, however, gathered that security operatives barred Rhodes-Vivour and his supporters from gaining access to the venue on Saturday morning, before it was later moved to another location within the local government area.

Reacting to the incident, he said, “I’m going to address the press later on the events that happened today and those that happened since yesterday. But with this speech, I just want to confirm that I am joining the ADC coalition.”

The Chairman of the ADC in the state, George Ashiru, said the move signalled the strengthening of an opposition coalition ahead of the 2027 general elections.

He also described Rhodes-Vivour’s defection as a historic affirmation of a coalition that had been in the works since the last election.

He said, “Today we are having one of the most important affirmation programmes where our coalition partners from one of the key blocs in the Labour Party are joining this wonderful family of Nigerians, the African Democratic Congress.

“We are not affirming one man, we are affirming a movement, but every movement has a leader, and what brother Gbadebo Rhodes-Vivour represents is the leadership of a movement that shook Lagos in the last election.”

According to him, the coalition was built on a foundation of communication that began during the 2023 polls and had now matured into a common platform to challenge the dominance of the ruling All Progressives Congress.

Also speaking at the event, a representative of former Vice President Atiku Abubakar, Professor Ola Olateju, urged party members to believe in their capacity to provide an alternative for Nigerians.

He said, “We should not look at ourselves as if we are not able or not competent to rescue Nigeria. Anybody here could become anything. There is equal opportunity for everybody irrespective of ethnic group, agenda or class. ADC is not just a political party; it’s a movement, a movement of the people. It is an exodus. We are moving in order to rescue Nigeria.”