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FCT Council Chairmen to Vacate Office in June 2026-Prof Yakubu declares

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By George Mgbeleke

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.

Politics

2027: Tinubu ‘ll face stiff opposition from SE, SS, others -Ex-IPAC chief

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President Bola Ahmed Tinubu

 

By Abdul-Ganiyy Akanbi, Abuja

Former National Legal Adviser of the Inter Party Advisory Council of Nigeria, (IPAC), Chief Barrister Chukwudi Ezeobika, has said that the people of the South East and South South together with other regions would not support President Bola Tinubu and his party, the All Progressives Congress, (APC ) during the 2027 general elections due to what he described as political intolerance, bigotry and parochialism of the present administration.

Barr.Chukwudi Ezeobika

Ezeobika said Tinubu, having emerged as the president “amidst doubts and unresolved moral questions as to the credibility of a partisan electoral process” by the Independent National Electoral Commission, INEC under Prof. Mahmood Yakubu, “has once again failed to jettison the unpatriotic, perfidious and deeply prejudiced behaviour of his predecessor in office in the way and manner he runs his government.”

He also added in a statement issued on Sunday that the President “has once again demonstrated that political Intolerance, bigotry and parochialism have become deeply rooted and fully entrenched as a well established ideology and inherent policy of the APC.

“The marginalisation and or exclusion of many ethnic nationalities who form an integral part of the Nigeria nation in various federal appointments shows, to some extent, the impunity and disdain with which President Bola Tinubu builds tensions across the nation and creates disaffection and hatred amongst Nigerians,” he stated.

Ezeobika, who was a former candidate for Anambra South Senatorial District in 2018, further noted that the failure of the Tinubu-led APC government to heed the calls of eminent jurists and major stakeholders from the South East to put an end to the protracted unrests in the region, by releasing the detained leader of the indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu unconditionally, goes to show that the political will to restore lasting peace within the region, is not a viable consideration or priority for his government.

He said: “The President has, however, failed to understand that such costly inaction forecloses his chances of ever getting the needed political support within the region, in his current bid to have himself re-elected.

“This singular inaction remains the main and only reason why his defeat in the whole of the South East and South South will be absolute, unalloyed and damning as the people from these regions will use every means necessary to defend their votes.

“Having nursed and superintendent over a political party that has brought untold hardships, avoidable deaths and economic strangulation to a nation once projected as the best economy in Africa, the damaging effects of the ineptitude of the current administration on the lives of Nigerian citizens remain the main reason why President Bola Ahmed Tinubu is deemed unelectable in the forthcoming general elections.”

Ezeobika also alleged that the present administration has unwittingly failed to address persistent extra judicial killings across the country and numerous arrests, illegal detentions of many youths by security agencies most especially by the Department of State Services, DSS without trial.

“It is indeed deeply troubling that many of these youths are languishing in detention facilities across the Federation even without any formal trials. This is, however, in clear violation of their fundamental rights as enshrined in Sections 34, 35, 36 and 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), most especially Section 36 (5) which provides that ‘Every person who is charged with a criminal offence shall be presumed to be innocent until he is proved guilty,” he stated.

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IPU cannot consider Natasha’s petition – Jimoh Ibrahim

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Senator Jimoh Ibrahim, Chairman of the Senate Inter-parliamentary Committee, remarked that the purported petition from the suspended Senator Natasha is “dead on arrival.”

He emphasised that Nigeria, rather than Senator Natasha, is the member of the IPU.

A petition can only be lodged against another member state by a member state.

This implies that the IPU cannot consider petitions from individuals who are not members.

The suspended Senator Natasha is not a member of the IPU, but Nigeria is!
Additionally, the suspended Senator cannot represent the Federal Republic of Nigeria.

“I served as the interim president of the IPU in Geneva in 2023, and I am familiar with how the IPU operates after presiding over its proceedings.

Furthermore, as Chairman of the Inter- parliamentary Committee in the Nigerian Senate, I did not approve or authorise the suspended Senator Natasha to attend the IPU on behalf of Nigeria to the Senate President.”

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Politics

Senate moves to establish Early Voting for Nigerians on essential duties during elections …..As Bill scales 2nd reading 

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By George Mgbeleke
The Senate on Thursday passed to second reading a Bill to amend the Electoral Act to provide opportunity for Nigerians on essential duties to perform their civic duties.
The Bill sponsored by Senator Abdulaziz zMusa Yar’adua seeks to amend the Electoral Act tagged “Electoral Act(Amendment -Early Voting Bill) 2024.

Senate in session in the chamber

In his lead debate Senator Yar’adua noted that the Bill seeks to enfranchise a significant group of Nigerians who, due to the nature of their duties on election days, are denied the opportunity to exercise their most fundamental democratic right; the right to vote.
He said,”This very important bill seeking to introduce early voting in the Electoral Act 2022 to enhance the inclusion, participation and integrity of Nigeria’s electoral process, and for related matters, was read for the first time on Wednesday, the 15th day of May  2024.
“Mr. President, Distinguished Colleagues, due to the far-reaching nature of this Bill, let me crave your indulgence to extensively highlight the background, which I believe will not only provide a proper context for this legislative initiative but also motivate this hallowed chamber to accelerate the legislative process in enacting the Bill.
“Background and Rationale
In any democratic process, equal opportunity must be given to all citizens to participate in elections regardless of their gender, ethnicity, religion, occupation or socioeconomic status. This ensures the true reflection of the will of the people thereby enhancing the stability of the democratic process. Unfortunately, a huge number of Nigerians who are involved in making Nigeria’s elections a success are excluded from the crucial decision-making of choosing their leaders through the ballot.”
The lawmaker further observed that,”Over one million citizens who play critical roles in ensuring the smooth conduct of the elections are disenfranchised.
” These include INEC officials, including ad-hoc staff, the security personnel, journalists, observers and others who work on election day to uphold the integrity of the process are effectively denied their right to vote because they are deployed to polling units far from where they registered. This is an irony that should not be lost on us, and this bill seeks to correct that by making provision for early voting for such citizens.
“Mr President, Distinguished Colleagues, this exclusion has characterised all elections in the Fourth Republic and became more alarming in the 2023 General Elections with over 1 million ad-hoc staff, 310,973 police personnel, 93,495 military and Department of State Service (DSS) personnel, 51,000 personnel from the National Security and Civil Defense Corps (NSCDC), 21,000 from the Federal Road Safety Corps, 11,336 from the Nigeria Correctional Service, 9,447 from the National Drugs Law Enforcement Agency and 350 personnel from the Economic and Financial Crimes Commission who were actively engaged in election activities were disenfranchised. Similarly, the Independent National Electoral Commission reported that 144,800 observers were deployed by 196 national and domestic organisations, with the implication that those citizens were also unable to vote. This is in addition to journalists and others involved in elections in various capacities. The number of those excluded from voting could change the outcomes of election results.”
Continuing he said,”Mr. President, Distinguished Colleagues, the figures highlighted above makes this bill a necessity to address the ‘disenfranchisement’ of eligible voters. As lawmakers, it is our duty to ensure that every Nigerian citizen, regardless of their profession or duty on election day, has the opportunity to participate fully in the electoral process. Incorporating early voting in our electoral legal framework shall strengthen universal adult suffrage as our Constitution guarantees every eligible Nigerian the right to vote.
” Furthermore, this Bill strengthens democratic values as democracy thrives when participation is broad, inclusive, and representative. By preventing those on election duty from voting, we are limiting the breadth of participation and undermining the very principles of democracy.
“Distinguished Colleagues, here are the highlights of the bill:
Provision for eligibility and registration of early voters:  Political parties will receive a list of registered early voters to ensure transparency.
Eligible individuals include security personnel, electoral officials and those deemed eligible by the commission who must apply 30 days before the early voting date (Clause 44A (2)-(6)).
“Implementation and Voting Procedure.
A designated early voting date will be set, not more than 7 days before the general election (Section 44A (1)).
Voting centers will be established in every ward, with early votes counted on the official election day (Section 44A (10)-(17))Cross-Country Survey.”
The Lawmaker noted  that early voting has been part of the electoral legal frameworks in other jurisdictions with its attendant huge success stories in promoting voter participation, reducing election day pressure, and increasing accessibility.
” In the United States, early voting varies by State, with some states allowing a few days to several weeks (up to 45 days) in advance of election day. In Australia, early voting starts about 2-3 weeks before the election, with the 2019 federal election recording 40% of voters that cast their ballots early. In Canada, early voting takes place 12 days before election day allowing voters greater flexibility. In Germany, Postal voting is initiated four to six weeks before the election, enabling voters to participate ahead of time.
“Distinguished Colleagues, it is interesting to note that early voting has also gained traction in several African countries as a tool to improve electoral efficiency, increase voter turnout, and enhance inclusivity, especially for marginalized groups. In South Africa, the Independent Electoral Commission allows early voting 2 days before the general election for individuals such as the elderly, disabled, pregnant women, security forces, and those working on Election Day.
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