Petitioners Seek Reconstitution of FCT Area Council Election Tribunal Over Legal Discrepancy

Petitioners Seek Reconstitution of FCT Area Council Election Tribunal Over Legal Discrepancy

ABUJA— A formal application has been submitted to the Chief Judge of the High Court of the Federal Capital Territory, Honourable Justice Baba Yusuf, seeking the urgent reconstitution of the Area Council Election Petition Tribunal. The request highlights a critical legal conflict regarding the tribunal’s current membership and the newly enacted
Electoral Act, 2026.

The application was filed by Chris Kelechi Udeoyibo, Esq. of KEL ATTORNEYS on behalf of Alhaji Usman Yahaya, the All Progressives Congress (APC) candidate for the Gwagwalada Chairmanship seat. Yahaya is currently challenging the election victory of Mohammed Kasim of the Peoples Democratic Party (PDP).

The core of the petition rests on a timing issue between the old and new electoral frameworks. While the tribunal was originally formed under the Electoral Act, 2022, that law was repealed and replaced by the Electoral Act, 2026, which was signed into law on February 18, 2026—just three days before the Area Council elections.

The petitioner argue that the current panel, consisting of Chief Magistrate Lateef Abolaji (Chairman), Chief Magistrate Fatima Malo Nadoma (Member I), and Charles Abalaka Esq. (Member II), no longer meets the statutory requirements of the extant law.

According to the petition, the shift from the 2022 Act to the 2026 Act introduced significant changes to the qualification of tribunal members.

The petitioners further maintain that the "improper constitution" of the tribunal is a jurisdictional defect. In Nigerian law, jurisdiction is considered the "lifeblood" of adjudication; any proceedings conducted without it, regardless of how thorough they may be, are legally null and void.

Notably, the 1st and 2nd Respondents in the case have also raised similar concerns through separate **Notices of Preliminary Objection**, questioning the competence of the current tribunal to hear the matter.

Time seem to be of a factor of increasing concern for the legal teams involved. Under Section 135 (7)of the Electoral Act 2026, the tribunal has a strict 90-day window from the date of filing to deliver a judgment.
Petition was filed March 13, 2026
Time Elapsed: 36 days, Time Remaining:54 days .With Pre-Hearing Sessions scheduled to begin on April 24, 2026, the petitioners are urging the Chief Judge to act swiftly. They fear that if the tribunal proceeds as currently constituted, it will set the stage for a lengthy legal process that is destined to be struck out for lack of jurisdiction, thereby compromising the integrity of the democratic process and the pursuit of justice.

The application concludes by requesting the immediate dissolution and reconstitution of the panel to align with the Electoral Act, 2026.

Comments

Post a Comment

Popular posts from this blog

2027 Senate : A Clarion Call for Youth Representation Under the Umbrella of FCT Council

Image
2027 Senate : A Clarion Call for Youth Representation Under the Umbrella of FCT Council Young progressive leaders across the Federal Capital Territory (FCT) have thrown their weight behind Hon. Abubakar Umar Abdullahi, describing him as a dynamic, people-centered, and result-driven leader with the capacity to represent the interests of the people at the Senate. They noted that with over 64 percent of registered voters being young people, the demand for inclusive and youth-focused representation has never been more urgent. According to the group, Hon. Abdullahi,the current Abaji Chair,embodies the energy, vision, and commitment needed to drive meaningful change and amplify the voices of young Nigerians within the National Assembly. The youth leaders therefore called on him to heed the growing demand and step forward to contest for the FCT Senate seat, stressing that his candidacy would mark a turning point in the push for generational inclusion in governance. . “This is our ...
Read more

THE NEED TO STRENGTHEN THE LEGAL DEPARTMENT OF THE NIGERIA POLICE FORCE FOR EFFECTIVE JUSTICE DELIVERY

Image
THE NEED TO STRENGTHEN THE LEGAL DEPARTMENT OF THE NIGERIA POLICE FORCE FOR EFFECTIVE JUSTICE DELIVERY By Hamza Nuhu Dantani, Esq. Constitutional Lawyer and Rights Activist. Every day across Nigeria, police officers risk their lives to arrest armed robbers, murderers, kidnappers, rapists, and violent criminals. Yet, time and again, these same criminals walk free, not because they are innocent, but because the system fails at a time it matters most: the courtroom. At the heart of this systemic failure lies a silent crisis—the grossly neglected legal department of the Nigeria Police Force. Understaffed, underfunded, and overwhelmed, this vital arm of law enforcement is struggling to prosecute crimes, defend civil suits, or even appear in court. The consequences are grave: lost cases, emboldened criminals, and a justice system that increasingly serves the powerful while frustrating victims and ordinary citizens. This is not just a capacity problem; it threatens public safety, ...
Read more

REJOINDER TO THE PRESS STATEMENT BY AREWA YOUTH ASSEMBLY FOR GOOD LEADERSHIP (AYAGL) _On Matters Relating to the Military Pensions Board (MPB)

Image
REJOINDER TO THE PRESS STATEMENT BY AREWA YOUTH ASSEMBLY FOR GOOD LEADERSHIP (AYAGL)   _On Matters Relating to the Military Pensions Board (MPB)_ *1. Background & Trigger*   Concerned stakeholders, particularly veterans of the Nigerian Armed Forces, have noted the recent press statement by AYAGL on the leadership of the Military Pensions Board. Though AYAGL withdrew its earlier position, its new statement raises fundamental questions of credibility, accountability, and institutional integrity. *2. Questions on AYAGL’s Mandate & Competence*   a. What informed AYAGL’s fact-finding mission to the MPB?   b. Who authorized or mandated AYAGL to engage the MPB?   c. What institutional role qualifies AYAGL to inquire into a specialized military pension body?   d. What professional competence does AYAGL possess in military pension administration?   *Position:*  The MPB is a specialized institution for ...
Read more