The Independent National Electoral Commission (INEC) has called on political parties and stakeholders to adhere to the provisions of the Electoral Act 2022 regarding the tenure of Area Council Chairmen and Councilors in the Federal Capital Territory (FCT).
The commission emphasized that the Act guarantees a four-year tenure, contrary to the three-year tenure stipulated in the previous Electoral Act of 2010.
INEC Chairman, Prof. Mahmood Yakubu, made this clarification during a meeting with the Inter-Party Advisory Council (IPAC) on Friday in Abuja. He stated that the tenure of the current chairmen and councilors would end in June 2026.
Yakubu revealed that INEC had received several inquiries from law firms, political parties, and individuals about the tenure of the Area Councils and the timetable for the upcoming elections.
These inquiries were based on the provisions of the Electoral Act 2010, which was in effect during the last Area Council elections held on February 12, 2022.
“Nigerians are aware that the National Assembly has since repealed and re-enacted the Electoral Act 2010 as the Electoral Act 2022.
The new Act extended the tenure of the Area Councils from three to four years, aligning it with executive and legislative elections nationwide,” Yakubu explained.
“The Act came into force on February 25, 2022, two weeks after the last Area Council elections. Therefore, the tenure of the current chairmen and councilors, who were sworn in on June 14, 2022, will expire in June 2026.”
He further clarified, “For the avoidance of doubt, tenure is not defined by the date of election but by the date of the oath of office for executive elections or the date of inauguration for legislative houses.
A President, Governor, Senator, or any elected official cannot exercise their powers until they are sworn in or inaugurated.”
Yakubu also addressed the legal and judicial precedents supporting this position, noting that there are several judicial authorities, including the Supreme Court, that confirm tenure begins from the date of the oath of office and not the date of election.
He reassured stakeholders that INEC is fully 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 before the election. It cannot be released two years ahead of elections,” he said.
Yakubu praised the stability of tenure for Chairmen and Councilors in the FCT, highlighting that no caretaker committee has ever been appointed in any Area Council.
“Democratic elections are conducted on a regular basis, and there is a plurality of electoral outcomes as no single political party has ever won all the 68 constituencies,” he added.
In his remarks, the National Chairman of IPAC, Yusuf Mohammed Dantalle, said they sought clarification on the tenure of the current Chairmen and Councilors in the FCT.
He acknowledged that the issue had been settled previously but deemed it necessary to get firsthand information from the commission.
Yakubu concluded by urging all aspirants and political parties to be guided by the provisions of the law and judicial pronouncements regarding the tenure of FCT council officials.
He assured that INEC would release the timetable and schedule of activities for the election at the appropriate time.
