The Chairman Independent National Electoral Commission {INEC},Prof.Mahmood Yakubu disclosed this at a meeting with the Inter Party Advisory Council IPAC on Friday in Abuja said the tenure of a local government chairman is 4 years and not 3 years.
According to the chairman of the commission,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.
He 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 and 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 12th February 2022.
Recall that the Electoral Act 2010 (as amended) provides for a three-year tenure for Chairmen and Councillors.
“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:
Earlier, 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.
