The Independent National Electoral Commission has clarified that the council chairmen and councillors in the Federal Capital Territory would remain in office till 2026.
The Chairman of the Commission, Prof. Mahmood Yakubu, led this out in a meeting with the Inter Party Advisory Council, on Friday in Abuja.
He noted that the commission had received many requests from various stakeholders questioning the tenure based on the provisions of the Electoral Act 2010, which initially provided for a three-year term.
He said: “In particular, in the exercise of its powers as the law-making body for the FCT, the National Assembly extended the tenure of the Area Councils from three to four years, thereby aligning it with executive and legislative elections nationwide.
“This is one of the important provisions of the Electoral Act 2022. The Act came into force on Friday 25th February 2022, two weeks after the last Area Council elections in the FCT.
READ MORE: Effects Of Flood At INEC Office Won’t Stop Edo Election – Yakubu Insists
“By the time the elected Chairmen and Councillors were sworn in four months later on 14th June 2022, they took their oath of allegiance and oath of office on the basis of the new electoral Act (i.e. 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 by 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 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 the tenure of incumbent holders of elective offices.”
