By Myke Uzendu, Abuja
The Peoples Democratic Party (PDP) has rejected the judgement of the Federal Capital High Court of Hon. Justice Ibrahim Mohammed which extended by one year, the tenure of out-going, describing it as illegal tenure elongation.
The court had in suit No. FCT/HC/W/910/2022, extend by one year, the tenure of the out-going Chairmen and Councillors of FCT Area Councils which was supposed to expire today (Friday).
However, in a press conference at the party’s headquarters on Thursday, the party’s National Publicity Secretary, Hon. Debo Ologunagba, described the move as a very dangerous design by the All Progressives Congress (APC) in connivance with certain judicial officers to abridge the democratic system and foist anarchy in the country.
“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 unconstitutional, illegal, baseless and devoid of any legal foundation and reasoning for implementation.
“This is because the four years tenure provided for FCT Area Council Chairmen and Councillors in the newly enacted Electoral Act 2022, upon which the judgement is based, cannot be made retroactive to apply to outgoing Chairmen and Councillors who were elected under the 2010 Electoral Act which provided for a three-year tenure commencing from the date of their swearing in” he said.
The party informed Nigerians and the International Community that the intent of the judgement is to make the law retroactive to illegally favour the out-going Chairmen and Councillors 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
“The PDP 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” he lamented.
Ologunagba said that the seamless transfer of power from one administration to another is the bedrock of democracy and PDP is noted for having peacefully transferred power to the present APC-led government in 2015.
“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”.
PDP reminded the outgoing Chairmen and Councillors that their tenure under the 2010 Electoral Act upon which they were sworn in will effectively come to an end on Friday, May 20, 2022 and urged them to steer clear of the respective Area Council offices from that date.
It called on the people of the FCT to get ready for the swearing in of their new Chairmen and Councillors as the Party takes firm legal steps to untie the legal string.
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.
