INEC: Why We Won’t Release FCT Area Councils’ Election Timetable Now

*Don’t scrap state independent electoral bodies, Yiaga Africa warns commission

Adedayo Akinwale in Abuja and Seriki Adinoyi in Jos

The Independent National Electoral Commission (INEC) has said that it would release the timetable and schedule of activities for the Federal Capital Territory (FCT) Area Councils’ election at the appropriate time.
INEC National Chairman, Prof. Mahmood Yakubu, disclosed this yesterday, in Abuja, during a meeting with the national leadership of the Inter-Party Advisory Council (IPAC) led by Yusuf Mohammed Dantalle, who doubles as Chairman of the Allied Peoples Movement (APM).

However, Civil Society Organisation (CSO), Yiaga Africa, yesterday, warned against scrapping State Independent Electoral Commissions (SIECs), noting that an overburdened INEC cannot be saddled with such responsibility that would further exacerbate its sad condition.
Yakubu, revealed that the commission had earlier received inquiries from some law firms, an individual, a political party and one FCT chairmanship aspirants’ forum.

The chairman stressed that 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.
He noted that their inquiries were 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.

Yakubu stated: “The Electoral Act 2010 (as amended) provides for a three-year tenure for Chairmen and Councillors which, in their opinion, expires next year.
“However, Nigerians are aware that the National Assembly has since repealed and re-enacted the Electoral Act 2010 (as amended) as the Electoral Act 2022.
“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.

“By the time the elected Chairmen and Councilors 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,” he explained.
The chairman explained that tenure was 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.

He said law firms that had written INEC on behalf of their clients ought to have drawn their attention to both the law and judicial pronouncements on the matter.

Yakubu noted: “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.

“I wish to reassure you that we are aware of our 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.

“At the appropriate time, the commission will release the timetable and schedule of activities for the election.”

Meanwhile, Yiaga Africa has warned against scrapping State Independent Electoral Commissions (SIECs).

Speaking during a consultative forum with the Plateau State Independent Electoral Commission (PLASIEC), the Executive Director of Yiaga Africa, Mr. Samson Itodo said, “It is wrong to argue for the abolition of SIECs due to the trend of conducting coronations instead of elections,” adding that the operational and financial independence of SIECs through legal means should be safeguarded.

He said, “INEC has stated that it is overburdened with responsibilities. Adding the task of conducting local council elections would exacerbate this. Also, advocating for local government autonomy while calling for centralisation of the conduct of its election is contradictory. Rather, SIECs should be strengthened for true local democracy.”

Itodo called for credible and transparent local government elections in Plateau State, emphasising the importance of punctuality, integrity, and independence in the electoral process.

The organisation urged the State Independent Electoral Commission (SIEC) to ensure that the election results truly reflect the will of the people and remain free from political interference.

He said, “Voters expect election officials to be present at polling units early on election day to enable them to cast their votes, the results of the election must reflect the actual votes cast, ensuring that the outcome represents the will and aspirations of the people of Plateau.”

 He said that the commission must maintain its independence and resist any attempts by political actors to interfere with the electoral process and outlined three critical tests for the commission: integrity, competency, and resilience.

 “The commission must ensure that local government elections meet high standards of integrity, all officials managing the elections need to have the requisite capacity and competence, and the commission must withstand the challenges of conducting local elections, including security, economic, and political challenges,” he said.