The Independent National Electoral Commission, INEC, has declared that the tenure of the incumbent Council Chairmen in the six area councils of the Federal Capital Territory, FCT, will expire in June 2026.

Chairman, Independent National Electoral Commission, Prof Mahmood Yakubu, made the clarification today, (Friday 28th June 2024) at a meeting led by the leadership of the Inter-party Advisory Council, IPAC, to clarify the tenure of the six councils’ elected chairmen as well as the 62 councillors in FCT.

Prof Prof Yakubu noted that 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.

Yakubu revealed that the commission had earlier received inquiries from some law firms, an individual, a political party and one FCT Chairmanship Aspirants’ Forum on whether their tenures were to elapse after 3 years as provided by the Electoral Act 2010, and a demand for the commission to release the Timetable and Schedule of Activities for the Area Council elections..

He said, 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.

He explained that 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.

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”.

Prof.  Yakubu reaffiemd that 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.” he said

He reassure them that INEC is aware of its 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.

“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.

He appealed 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. He also appealed 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.