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By Diana Omueza
Petitioners in the Gwagwalada Area Council chairmanship election case have asked the Chief Judge of the FCT High Court, Justice Baba Yusuf, to urgently reconstitute the Area Council Election Petition Tribunal.
The petitioners said the request concerns the tribunal handling election petitions arising from the Gwagwalada and Abuja Municipal Area Council (AMAC) chairmanship elections.
The application was filed by Chris Kelechi Udeoyibo of Kel Attorneys on behalf of Alhaji Usman Yahaya, the APC candidate challenging the victory of Mohammed Kasim of PDP in Gwagwalada.
They argued that the present membership of the tribunal does not comply with provisions of the Electoral Act, 2026, which came into force three days before the council election.
According to them, the tribunal was constituted under the repealed Electoral Act, 2022, which allowed a Chief Magistrate as chairman, with other members drawn from magistrates, legal practitioners and persons of proven character.
They said the current panel comprises Chief Magistrate Lateef Abolaji as chairman, Chief Magistrate Fatima Malo Nadoma as Member I, and Charles Abalaka as Member II.
The petitioners, however, stated that Section 135(3) of the Electoral Act, 2026 now provides that the chairman must be a serving Judge of the FCT High Court.
They added that the other two members must be magistrates of the FCT Judiciary not below the rank of Senior Magistrate.
According to the petitioners, the new provision differs sharply from the repealed law under which the present tribunal was constituted.
They further stated that by Section 135(7) of the Electoral Act, 2026, the tribunal has 90 days from the date of filing of the petition to deliver judgment.
The petitioners said the petition was filed on March 13, adding that 36 days had already elapsed, leaving 54 days for conclusion of proceedings and judgment.
They maintained that improper constitution of a tribunal affects jurisdiction and could render the entire proceedings null and void, regardless of how well conducted.
According to them, the issue has also been raised by the first and second respondents in separate notices of preliminary objection challenging the competence of the tribunal.
The petitioners said the tribunal had already issued hearing notices for commencement of pre-hearing sessions on April 24, in line with the Electoral Act, 2026.
They expressed concern that if the tribunal proceeds with pre-hearing under the current composition, it may commence proceedings without jurisdiction.
The petitioners, therefore, urged the Chief Judge to dissolve and reconstitute the tribunal in line with the current law to protect the integrity of the process and ensure justice. (NAN)