NEWS
Withdraw Nomination of Alleged APC Members as INEC RECs, SERAP Tells Buhari
By Lucky Momoh
President Buhari
Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to use his “leadership position to urgently withdraw the names of nominees recently submitted to the Senate for confirmation as Resident Electoral Commissioners (RECs) of the Independent National Electoral Commission (INEC) who are allegedly members of the All Progressives Congress (APC).”
According to reports, the president had on 26 July sent to the Senate the names of 19 resident electoral commissioners for confirmation. At least four of the 19 nominees allegedly either belong to a political party or have been previously indicted for corruption.
In a letter dated 3 September 2022 and signed by SERAP deputy director Kolawole Oluwadare, the organization said, “the combined effect of the Nigerian Constitution 1999 [as amended], the Electoral Act and international standards is the requirement that elections must be organized by a truly independent and impartial electoral body.”
SERAP said, “Withdrawing the names of those nominees who are allegedly members of the APC, and replacing them with people of unquestionable integrity and competence, and who are not members of any political party would improve the independence of INEC and promote public confidence in the appointment process.”
According to SERAP, “Your government has a legal responsibility to promote and guarantee the integrity, credibility, and independence of INEC, and to ensure that the electoral body is free from political and other interferences.”
The letter, read in part: “As its name suggests, INEC is expected to maintain independence or absolute neutrality. INEC must not only be independent and impartial but must also be seen to be independent and impartial.”
“Promoting the independence of INEC, including by appointing people of unquestionable integrity and competence, and who are not members of any political party as RECs would be entirely consistent with your constitutional oath of office, and your oft-stated promise to ensure free and fair elections in 2023.”
“INEC ought to be independent and impartial in the exercise of its constitutional and statutory responsibilities.”
“This means that anyone nominated for appointment as RECs should be persons of integrity and high standing, and should be independent and impartial so that INEC can enjoy the public trust and confidence necessary for it to effectively and satisfactorily carry out its constitutional and statutory responsibilities.”
“The mere fact that INEC has ‘independent’ in its name does not in itself make it independent. What makes an institution truly independent are its attributes and characteristics, and the credibility and transparency of the appointment process.”
“Public perception of the independence of INEC is also essential for building public confidence in the electoral process. Where Nigerians have doubts about the independence of INEC, they are more likely to have less confidence in the electoral process, thereby undermining democracy.”
“The will of the people is expressed through democratic elections. This requires that elections must be free, fair, legitimate, and credible. However, the credibility and legitimacy of elections depend in part on the integrity and competence of the body conducting the process and the transparency of the appointment process for RECs.”
“We hope that the aspects highlighted will help guide your actions in acting to withdraw the names of those nominated for confirmation as RECs, and who are allegedly members of the APC.”
“We would be grateful if the requested action is taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest.”
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“Section 156(1) of the Nigerian Constitution 1999 (amended) provides that any member of INEC ‘shall not be a member of a political party.’”
“According to Item F, paragraph 14(3)(b) of the Third Schedule, Part 1 of the Nigerian Constitution, a Resident Electoral Commissioner shall be a person of unquestionable integrity and shall not be a member of any political party.’”
“Section 6(4) of the Electoral Act 2022 provides that the appointment of anyone as a member of INEC shall be consistent with the provisions of the Constitution, including this provision.”
“Similarly, article 25 of the International Covenant on Civil and Political Rights and article 13 of the African Charter on Human and Peoples’ Rights both of which Nigeria is a state party provide that the will of the people should be the basis of the authority of government.”
“Furthermore, the African Union African Charter on Democracy, Elections, and Governance, which Nigeria has also ratified requires States Parties to establish and strengthen independent and impartial national electoral bodies including INEC responsible for the management of elections.”
“The United Nation Human Rights Committee, established to oversee the implementation of the International Covenant on Civil and Political Rights has ruled that states should establish independent electoral authorities to supervise the electoral process and to ensure that elections are conducted fairly, impartially, and in accordance with established laws that are compatible with the covenant.”
“According to our information, the Senate recently confirmed the receipt of your nomination for Resident Electoral Commissioners (RECs) of the Independent National Electoral Commission (INEC).”
“Those nominated as RECs are Ibrahim Abdullahi (Adamawa – Renewal); Obo Effanga (Cross River – Renewal); Umar Ibrahim (Taraba – Renewal); Agboke Olaleke (Ogun – Renewal); and Samuel Egwu, a professor, (Kogi – Renewal).”
“Others are Onyeka Ugochi (Imo); Muhammad Bashir (Sokoto); Ayobami Salami, a professor, (Oyo); Zango Abdu (Katsina); Queen Agwu (Ebonyi); and Agundu Tersoo (Benue).”
“Also to be confirmed are: Yomere Oritsemlebi (Delta); Yahaya Ibrahim, a professor, (Kaduna); Nura Ali (Kano); Agu Uchenna (Enugu); Ahmed Garki (FCT); Hudu Yunusa (Bauchi); Uzochukwu Chijioke, a professor, (Anambra); and Mohammed Nura (Yobe).”
The letter was copied to Dr. Ahmad Lawan, Senate President, and Mr. Femi Gbajabiamila, Speaker of the House of Representatives.
In a decisive move, Rivers State Governor Siminalayi Fubara has enacted a prohibition preventing all heads and officials from the 23 local government areas in the state from participating in Rivers Assembly sessions, specifically targeting lawmakers aligned with the Pro-Wike faction.
The governor cautioned that any individual who attends sessions convened by lawmakers supportive of Minister of Federal Capital Territory, Nyesom Wike, under the leadership of Speaker Martin Amaewhule, will face dismissal.
Recall that Governor Fubara reiterated that the state currently lacks recognized lawmakers in the eyes of the law, citing the defection of 27 legislators from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
According to the governor’s statement, this move has invalidated their mandate as outlined in the constitution.
It was however gathered that the governor’s directive was communicated via an online circular signed by Ebirieneuket Nteile C, Director of Information and Communications for Chairman Local Government Service Commission, dated Tuesday, May 7, 2024.
The circular reads “I am directed to inform you/ all officers of the 23 Local Government Councils in Rivers State, not to honour/appear before the Members of Assembly or any purported invitation by anybody or group of persons in any guise without the permission of the Acting Chairman- Local Government Service Commission.
“Any staff who disobeys or violates this instruction will be dismissed accordingly from service. Treat as very important, please.”
In a bold move echoing political tensions, the Local Government Area Chairmen in Rivers State have united in support of the All Progressives Congress (APC)’s fervent call for the initiation of impeachment proceedings against Governor Sir Siminalayi Fubara.
The 21 LGA chairmen, convened under the Association Of Local Government of Nigeria (ALGON) Rivers State Chapter, underscored the imperative of safeguarding democratic principles and upholding the Rule of Law within the state’s governance framework.
Addressing the media in Port Harcourt, Chairman of ALGON in the state, Hon. Allwell Ihunda, who also heads the Port Harcourt City LGA, voiced concerns over alleged withholding of LGA allocations by the Governor since April, intensifying the political standoff.
Ihunda denounced the situation as a display of executive recklessness by the governor, highlighting the Governor’s failure to convene the Joint Account Allocation Committee Meeting (JAAC), a crucial step for the release and distribution of funds between the state and LGAs.
He condemned the Governor’s actions as unlawful, warning of the looming threat of totalitarianism gripping the state.
Ihunda said “It has come to the notice of the Association of Local Governments of Nigeria (ALGON) Rivers State Chapter that the Rivers State Government under the leadership of His Excellency, Sir Siminialayi Fubara, GSSRS, has neglected, failed and deliberately refused to hold the statutory Joint Account Allocation Committee Meeting (JAAC) which is the prerequisite for the release and disbursement of funds due to the Local Governments in the State Joint Local Government Account and has continued to withhold the statutory allocation due to the 23 Local Governments Councils of Rivers State since the month of April, 2024 (and in the case of Emohua since March, 2024) till date for no just cause, thereby starving the third tier of government of the funds required to discharge its statutory functions in the administration of the Local Government Areas.
“It has also come to our notice that the Governor of Rivers State held a meeting with Heads of Local Government Administration (HLGA), Heads of Personnel Management (HPM), Treasurers of Local Governments and other Directors on Monday the 6th day of May, 2024 in Government House Port Harcourt whereat he directed them to go and compile for presentation to him of the salary vouchers and over heads of civil servants (excluding Chairmen, Vice Chairmen, Councilors and other political office holders), for the various Local Governments with a view to unlawfully dipping his hands into Local Government funds to pay staff salaries directly without the involvement of the democratically elected Local Government Chairmen.
Ihunda pointed out that the Governor’s actions suggest an attempt to undermine the constitutionally guaranteed system of Local Government, as enshrined in section 7 of the 1999 Constitution.
He emphasized that such actions equate to an unlawful proscription of the Local Government Councils.
Accusing Fubara of openly defying the law he swore to uphold, Ihunda urged the State House of Assembly to intervene swiftly to curb the Governor’s overreach.
Meanwhile, the Legal Adviser of the body, Chief Hon. Dr. Irastus Awoto, also serving as the Chairman of Andoni LGA, emphasized that the democratically elected Chairmen are determined to remain in office.
He pointed out that the law grants them the authority to extend their tenure by an additional six months.
Awoto said: “Yes, we got elected in 2021 and our tenure is to expire in June. But by now LG elections ought to have been concluded and the winners awaiting swearing in.
“The Assembly has seen that no action has been taking in respect of conducting an election and in their wisdom knows there shouldn’t be any vacuum and we have to maintain democratically elected Chairmen as in the local government law said until elections are done, this Chairmen will stay in office for another six months in the interim.
“As a matter of fact, in respect of this too we went to court, because the state government has not shown any attention as regards local government elections. What we are seeing is associates of the governor making comments that on thr 17th and 18th of June they are going to invade LG offices and they will bring everybody down. This is an invitation to anarchy.
“We as local government Chairmen we going to remain in office because the law as amended by the Rivers State House of Assembly says so. That law has given us additional six month and we will remain in office after the expiration.”
His Royal Majesty, the Ooni of Ife, Oba Enitan Ogunwusi has showered praises on the Governor of Osun State, Senator Ademola Adeleke over his administration’s holistic infrastructure agenda for the state.
According to Oba Ogunwusi the Lagere flyover bridge flagged off on Tuesday would deepen Osun East economy.
The Royal Father was welcoming Gov Adeleke and his team on behalf of leaders of Ifeland at his palace, the global monarch analyzed the economic significance of Lagere Junction linking all major economic arteries of Osun State from Gbongan-Ikire axis in Osun West to Garage Olode on the route to Ondo and the direct economic linkage to Ijeshaland.
He joined other dignitaries for the flag-off at the Lagere Junction.
His Royal Majesty described the Lagere flyover bridge as the coming of an economic hub which will expand the economic prosperity of not just Ifeland but Osun East and Osun State as a whole.
He said, “I must commend the foresight and thoughtfulness of Mr. Governor. Your agenda to expand state infrastructure is impressive and unrivaled.
“This Lagere flyover bridge and its location touch at the economic heart of our people. We deeply appreciate your vision of uplifting and transforming Ifeland, the cradle of Yoruba nation.
“We are convinced that you will complete it in record time. We are also assured that you will put to practice your avowed commitment to local content and stomach infrastructure. When you finish the Lagere project, we know you will commence another one at Mayfair. At least, Ifeland is the origin of all Yoruba people.”
Flagging off the project at a ceremony attended by top leaders of the state including the Deputy Governor, Prince Kola Adewusi; the House Speaker, Adewale Egbedun; the Deputy Speaker, Hon. Ireyode Abidemi Oyewusi; the State Chairman of the ruling party, Hon Sunday Bisi; the Head of Service, Ayanleye Aina; and Chairman of Imole Leadership team, Prof Wale Oladipo, Gov Adeleke said his infra agenda is primed to change the economic fortunes of the state for the better.
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