Swearing-in of council chairman in Niger violates Electoral Act, says lawyer

Minna-based legal practitioner, Mohammed Tsado, has faulted the swearing-in of Musa Ishaku as Chairman of Katcha Council, describing it as illegal and a violation of the Electoral Act.

Tsado noted that by virtue of Section 138 of the Electoral Act 2022, Sections 25, 26, 27 and 28 of the Niger State Local Government Council Election Law 2003, the swearing-in of Ishaku by Niger State Governor, Abubakar Sani Bello, is unconstitutional.

Speaking with journalists in his office in Minna, yesterday, Tsado said the swearing-in, coming within 24 hours after a judgment, despite a notice of appeal already filed, contravenes provisions of the law.

He said where an election petition tribunal or court determines that the candidate returned as elected was not validly returned, and the candidate files a notice of appeal within 14 days from the date of the election, the candidate returned shall remain elected and continue to enjoy benefits of the office until the appeal is determined.

He said: “The swearing-in is an invitation to anarchy; an attempt to show the world that Niger State has no regard for the rule of law and principle of equality before the law or a show of impunity by the ruling All Progressives Congress (APC).”

He called on Bello to reverse the oath of office administered on Ishaku, stressing that the governor was misled to carry out the duty.

He said Ishaku had no Certificate of Return during the 14-day grace period given by the law and in lieu of a notice of appeal.

“We urge your Excellency, who is known to be a democrat and a product of the rule of law, to immediately reverse and cancel the oath of office illegally administered on the first respondent,” he added.