Tension over FCT Council Chairmen, Councilors elongation, protest looms

Tunde Opalana & Ukpong Ukpono

There is palpable tension in the Federal Capital Territory (FCT), Abuja over a year elongation of the tenure of chairmen and councilors in the six area councils, a day before expiration of their tenure.

The council chairmen and councilors who were elected in 2019 ought to vacate office on Friday, May, 20, 2022 to allow for inauguration of new chairmen and councilors elected on February 10, this year.

Hon. Justice Ibrahim Mohammed of the High Court of the Federal Capital Territory (FCT) Abuja had in a judgement on Thursday affirmed continuity of the incumbent Council Chairmen and their Councillors based on the newly amended Electoral Act.

Consequently, the Honourable Minister of the FCT though rejected the ruling, reluctantly suspended the inauguration of the newly elected chairmen and councilors in respect of the judgement.

The Daily Times gathered that series of protests by indigenes of the FCT and party loyalists, particularly, members of the Peoples Democratic Party (PDP) may erupt at the minister’s office and headquarters of the six area councils of Gwagwalada, Kuje, Abaji, and Abuja Municipal Council, Bwari from today.

Meanwhile, the PDP has rejected the court ruling and declared readiness to go ahead with the inauguration today and threatened legal action if the judgement is not immediately vacated and elected official sworn- in into office.

The party warned that the very dangerous design by the All Progressives Congress (APC) in connivance with certain judicial officers meant to abridge the democratic system and foist anarchy in the country.

“This is because the PDP is calling on the people of the FCT to get ready for the swearing in of their new Chairmen and Councilors duly elected on February 12, 2022 as our Party takes firm legal steps to address the orchestrated attempt by the APC and Justice Ibrahim Mohammed to frustrate the will of the people,” the PDP said.

Unhappy with the action of the judge, the party decided to officially report Justice Mohammed to the National Judicial Council (NJC) for punitive action, DailyTimes gathered.

National Publicity Secretary of the party, Debo Ologunagba while addressing journalists in Abuja Thursday, said: “Today, Thursday, May, 19, 2022, the Peoples Democratic Party (PDP) has just been made aware of a bizarre judgement by Hon. Justice Ibrahim Mohammed of the High Court of the Federal Capital Territory (FCT) Abuja, in suit No. FCT/HC/W/910/2022, wherein he attempted to extend by one year, the tenure of the out-going Chairmen and Councilors of FCT Area Councils, which expires tomorrow, Friday, May, 20, 2022.

“The clear intent of this judgment is to abridge our electoral process, overthrow the entire outcome of the FCT Area Council election held on Saturday, February 12, 2022 which was overwhelmingly won by candidates of the PDP, halt the swearing in of the newly elected Chairmen and Councilors and impose an undemocratic government in the FCT.

“The PDP vehemently and without equivocation rejects the judgement in its entirety. This judgment cannot be executed as it is unconstitutional, illegal, baseless and devoid of any legal foundation and reasoning for implementation.

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“This is because the four years tenure provided for FCT Area Council Chairmen and Councilors in the newly enacted Electoral Act 2022, upon which the judgement is based, cannot be made retroactive to apply to outgoing Chairmen and Councilors who were elected under the 2010 Electoral Act which provided for a three-year tenure commencing from the date of their swearing in.

“Alarmingly, the intent of this judgement by Hon. Justice Ibrahim Mohammed is to make the law retroactive to illegally favour the out-going Chairmen and Councilors who were sworn in for a three-year tenure under the 2010 Electoral Act, which tenure, by the provision of that Act, ends on May 20, 2022.

“It is instructive to state that the Electoral Act 2022 has a commencement date of February 25, 2022. It is trite in law that laws become effective from their commencement date and cannot be retroactive in effect as being attempted by Hon. Justice Ibrahim Mohammed.

“It is even more worrisome that the FCT High Court presided over by Hon. Justice Ibrahim Mohammed would allow itself to be used to a point where it can give a judgment which the judge knows or ought to know is illegal as no law can be made retroactive.

“Nigerians are invited to note that the Court gave judgement in this case with a set of individuals as Claimants and the Minister of the FCT as the Sole Defendant, leaving out necessary parties, including the PDP, whose candidates won the majority of seats in the February 12, 2022 elections; the National Assembly that enacted the law, the Attorney General of the Federation, who has the responsibility of executing the law and of course the Independent National Electoral Commission (INEC) which conducted the elections.”

The PDP said it is persuaded to believe that the judgment is a deliberate attempt to subvert the democratic process without regard to the consequential crisis and restiveness such portend in the FCT.

The party stated further that “the seamless transfer of power from one administration to another is the bedrock of democracy which the PDP is noted for having peacefully transferred power to the present APC-led government in 2015.

“The APC should know that any breakdown of Law and Order in the FCT on account of an attempt to muscle or abridge the right and the Will of the people will be inconsistent with that very fundamental principle of democracy, which is the peaceful transfer of power from one administration to another.

“Moreover, we hope this is not an attempt to lay a foundation to use the court to actualize a veiled third term agenda being rumoured. The APC should know that such will be firmly resisted by Nigerians.”

However, the PDP cautioned the outgoing Chairmen and Councilors whose tenure under the 2010 Electoral Act upon which they were sworn in will effectively come to an end by the effusion of time on Friday, May 20, 2022 to steer clear of the respective Area Council offices from that date.

Calling for caution on judicial officers, the PDP urged “the Chief Justice of Nigeria (CJN) to protect the integrity of the judiciary by immediately calling Hon. Justice Ibrahim Mohammed to order, especially for violating the CJN’s persistent admonitions to judges not to open themselves to political manipulations.”

It averred that “the Hon. Justice Ibrahim Mohammed by this judgment has brought the institution of the Judiciary into disrepute. Our party will ensure that this illegal judgment is set aside as well as take firm steps against Justice Ibrahim Mohammed including referring his conduct which is unbecoming of a judicial officer to the National Judicial Council (NJC) for sanction so as to restore the confidence Nigerians have on the very respected institution of the Judiciary.”

Earlier in the day, the FCT minister Malam Musa Muhammad Bello reacting to the court ruling said: “As you are all aware, in March of 2019, we held the Area Council elections in the Federal Capital Territory, whereby Six Council Chairmen and Councilors were elected after a very competitive and rigorous process.

“These six Council Chairmen of the FCT were then inaugurated o