The Independent National Electoral Commission (INEC), has told registered political parties in the country under the auspices of Inter-Party Advisory Council (IPAC) that the tenure of the Chairmen for the six Area Councils and 62 councilors in the Federal Capital Territory (FCT) will expire in June 2026.
INEC chairman, Professor Mahmood Yakubu disclosed this when IPAC led by Yusuf Mohammed Dantalle met with the commission to seek clarification on the tenure of the current area council chairmen and councilors yesterday in Abuja.
Yakubu said INEC would not conduct council polls next year, hence the coming into force of the Electoral Act 2022 in February 25 before the chairmen and councilors were sworn-in by June 2022.
According to him, their inquiries and others were based on provisions of the Electoral Act 2010 (as amended) which was the subsisting law at the time elections to the area councils were held on February 12, 2022.
He said the Electoral Act 2010 (as amended) provides for a three-year tenure for chairmen and councilors which in their opinion, expires next year.
He explained that the new Electoral Act came into force on February 25, 2022, two weeks after the last area council elections in the FCT and by the time the elected chairmen and councilors were sworn-in four months later on June 14, 2022, they took their oath of allegiance and oath of office on the basis of 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.
“A president/vice president-elect, governor/deputy governor-elect, senator-elect, member-elect, chairman-elect or councilor-elect cannot exercise the powers of office and draw from the remunerations attached to it until such a person is sworn-in or the legislative house is inaugurated.
“In the case of the FCT, Section 108(1) of the Electoral Act 2022 under which the current chairmen and councilors were sworn-in on 14th June 2022 is clear and therefore unambiguous,” he said.