Politics

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

Published

1 year ago

June 28, 2024

Editor

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Explaining the position of the law, Yakubu said: “Nigerians are aware that the National Assembly has since repealed and re-enacted the Electoral Act 2010 (as amended) as the Electoral Act 2022.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

Court Declines Kachikwu’s Motion Against INEC, ADC Leaders

Published

1 day ago

October 3, 2025

Editor

The Federal High Court in Abuja on Friday declined to hear an application filed by the African Democratic Congress’ 2023 presidential candidate, Dumebi Kachikwu, against the Independent National Electoral Commission and the Senator David Mark-led leadership of the party.

Justice James Omotosho, in a ruling, refused to entertain the motion.

Kachikwu, through his counsel, Dayo Akinlaja (SAN), had sought an order compelling INEC to withdraw the publication of Mark and Rauf Aregbesola’s names as national chairman and secretary of the ADC, pending the determination of the substantive suit.

INEC had recently recognised Mark, a former Senate President, and Aregbesola, a former Governor of Osun State, as the party’s national chairman and national secretary.

On July 7, Kachikwu and four others – Adikwu Elias, Etimbuk Umoh, Muhammed Khala, and Alaku Godwin William – filed an originating summons challenging the recognition of the duo.

The suit lists INEC, ADC, Chief Ralph Nwosu, Mark, and Aregbesola as the first to fifth defendants.

When the matter was called on Friday, Akinlaja told the court that a motion dated September 19 had been filed. He argued that despite the pendency of the suit, INEC went ahead to recognise Mark and Aregbesola as party leaders.

The plaintiffs asked the court to set aside the recognition and publication of their names, describing it as a breach of the doctrine of lis pendens. They also sought an injunction restraining Nwosu, Mark, and Aregbesola from further relating with INEC as ADC’s national officers.

However, counsel for the ADC, Shaibu Aruwa (SAN), along with other defence lawyers, opposed the application.

After hearing arguments, Justice Omotosho declined to entertain the motion, marked FHC/ABJ/CS/1331/2025.

He said, “This court is not inclined to nullify anything at this stage, whether done before or now. This is a political case. I am not taking any interlocutory matter.”

The judge held that all processes filed by the parties, including preliminary objections, would be taken together with the substantive case.

Despite repeated pleas by Akinlaja for the motion to be heard, the court stood its ground.

Justice Omotosho also granted an application for joinder filed by Nkemakolam Ukandu, the ADC deputy national secretary, and ordered that his name be added as a defendant.

He directed the plaintiffs to file the amended processes within 48 working hours and gave the defence seven days to respond. The case was adjourned till October 23 for hearing.

Politics

Fubara Sacks Commissioners, Others

Published

3 days ago

October 2, 2025

Editor

Rivers State Governor, Siminalayi Fubara, has sacked all commissioners and other public office holders serving in his administration.

The decision, according to a statement issued in Port Harcourt on Wednesday evening by his Chief Press Secretary, Nelson Chukwudi, takes immediate effect and followed the recent Supreme Court judgment.

The governor, during a valedictory session with his cabinet to mark Nigeria’s 65th Independence Anniversary at Government House, Port Harcourt, thanked the outgoing officials for their services and contributions to the state’s development over the past two years.

The statement read in part, “Rivers State Governor, His Excellency, Sir Siminalayi Fubara, has thanked members of his cabinet for their services and contributions to the development of the state in the last two years.

“The governor highlighted the significance of Nigeria’s Independence, and called on all Nigerians to work together with Mr President to build a peaceful, secure and prosperous country and a brighter future for all.

“Furthermore, the Governor has relieved all Commissioners and other public officers affected by the recent Supreme Court judgment of their appointments with immediate effect.”

Fubara also reiterated his commitment to serve the state “with renewed vigour,” while expressing gratitude to Rivers people for their support and wishing Nigerians a happy Independence anniversary.

Recall that the immediate past administrator of the state, Vice Admiral Ibok-Ete Ibas (retd.), upon assumption of office during the emergency rule imposed by President Bola Tinubu, suspended all commissioners, special advisers, and assistants appointed by Fubara. Ibas also dissolved boards and suspended heads of parastatals he met in office.

Since Ibas exited the state on September 18, the fate of Fubara’s appointees had remained uncertain. The Rivers State House of Assembly, at its first sitting after the lifting of the emergency rule, had called on the governor to submit a fresh list of commissioner-nominees for screening, alongside the 2025 budget for passage.

Politics

2027: Crisis Rocks Kaduna ADC Over Power Tussle

Published

3 days ago

October 1, 2025

Editor

The Kaduna State chapter of the African Democratic Congress (ADC) is enmeshed in crisis as a fierce power struggle among leading figures threatens the party’s chances in the 2027 general elections.

ADC stalwart, Malam Salihu Lukman, raised the alarm on Wednesday, warning that the party may not make a meaningful impact at the polls if the internal rift persists.

In a statement, Lukman alleged that some party leaders have aligned with certain aspiring candidates for the 2027 elections to the exclusion of others.

He called on former Kaduna State governor, Malam Nasir El-Rufai, Malam Jaafaru Sani, Alhaji Bashir Saidu, and other opposition leaders in the state to halt what he described as “the madness” of candidates bent on hijacking party structures.

According to him, “anybody who is not ready to work as part of a united opposition in Kaduna State is consciously or unconsciously working for the APC.”

Expressing concern over the infighting, Lukman said his efforts to mediate had largely failed.

“The fact that Senator Musa Bello is aggressively seeking to control structures of ADC in Zone 2 is a reflection of my failure, largely because I am associated with him.

“Senator Lawal Adamu (Mr. La) has avoided all my requests to meet him. I have met Malam Jaafaru Sani on this matter and had discussions with Malam Nasir. Sadly, we are not united, and the perception is that I am part of the problem.”

Lukman stressed that he has no political ambition but remains committed to building a united front. “As a citizen from Kaduna State, I am willing to make every necessary sacrifice to move our state forward. Without sounding immodest, I made every sacrifice to contribute to forming the coalition and negotiating the agreement with ADC.

“May I therefore appeal to Malam Nasir and all our leaders to please seek to unite us. It is only if we are united in ADC that we can unite our people in the state to defeat the APC in 2027. We must bear in mind that it is not just about defeating APC but about producing a government controlled by our party based on collective leadership.

“We need to put an end to the era when we produce emperors as governors. Anything short of a government managed by collective leadership under ADC will be unacceptable.”