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Filling INEC APC Loyalists: SERAP, BudgIT, 34 Citizens Sue Tinubu
The Socio-Economic Rights and Accountability Project (SERAP), BudgIT and 34 concerned Nigerians have dragged President Bola Ahmed Tinubu to court over “the appointment of at least four members of the All Progressives Congress (APC) and allies of high-ranking politicians as new Resident Electoral Commissioners (RECs) for the Independent National Electoral Commission (INEC).”
Deputy Director, SERAP, Kolawole Oluwadare disclosed this in a statement made available to Biztellers on Sunday in Lagos.
Recall that the Senate has confirmed the appointment of seven out of 10 newly appointed RECs for INEC.
Oluwadare pointed out that “The alleged APC members appointed as RECs include those from Akwa Ibom, Edo, Lagos and Rivers States.”
Biztellers gathered that in the suit number FHC/L/CS/2353/2023 filed last Friday at the Federal High Court in Lagos, the Plaintiffs prayed for, “an order setting aside the nomination, confirmation and appointment of the alleged APC members as RECs for INEC, for being unconstitutional, unlawful, null, void and of no effect.”
The statement highlighted that the Plaintiffs also asked the FHC for, “an order of mandamus to compel President Tinubu and Senate President Mr Godswill Akpabio to remove the alleged APC members as RECs for INEC, in line with Section 157 of the Nigerian Constitution 1999 [as amended].”
In addition, they prayed the court to enter “an order of mandamus to direct and compel President Tinubu to appoint qualified Nigerians who are persons of unquestionable integrity and a non-member of a political party or loyalist to the positions of RECs for INEC, in line with Paragraph 14(3)(b)(c), Third Schedule and Section 156 of the Nigerian Constitution.”
The Plaintiffs argued in the suit that, “The status, powers, independence of INEC, and the impartiality with which it acts and is seen to be allowed to act, are fundamental to the integrity of Nigeria’s elections and effectiveness of citizens’ democratic rights.”
They are also arguing that, “INEC ought to be the primary guarantor of the integrity and purity of the electoral process. President Tinubu and the Senate have the constitutional responsibilities to ensure both the appearance and the actual independence and impartiality in the nomination and confirmation of INEC top officials.”
According to the Plaintiffs, “The credibility and legitimacy of elections depend mostly on the independence and impartiality of those appointed to manage the process. Without an independent and impartial INEC, the democratic rights of Nigerians would remain illusory.”
The Plaintiffs further argued that, “Anyone to be appointed as RECs for INEC must clearly be non-partisan, independent, impartial and neutral. INEC officials ought to be able to discharge their legal duties and implement the Electoral Act without fear or favour.
“Nigeria’s electoral body must enjoy the independence from direction or control, whether from the government or any other quarter. It must be accountable to the electorate, and act accordingly.”
The suit filed on behalf of the Plaintiffs by their lawyers, Kolawole Oluwadare and Andrew Nwankwo, read in part, “As public officers, President Tinubu and Mr Godswill Akpabio are required to act in conformity with their oath of office and the letter and spirit of the Nigerian Constitution 1999 [as amended].
“Treating INEC as a line department accountable to bureaucratic higher-ups and high-ranking politicians rather than as an independent and impartial body is antithetical to constitutional and international standards and the notion of the rule of law.
“The use of the word ‘non-partisan’ means that those to be appointed to conduct credible elections must not be people who openly identify as belonging to a political party, whose occupation is politics or who are perceived by ordinary Nigerians as having political biases.
“Section 153(1) (f) of the Nigerian Constitution provides that ‘There shall be established for the Federation the following bodies, namely – (f) Independent National Electoral Commission.’
“Section 156(1) of the Nigerian Constitution provides among others that, ‘in the case of the Independent National Electoral Commission, he[she] [the person to be appointed as a REC] shall not be a member of a political party.’
“Paragraph 14 of the Third Schedule of the 1999 Constitution provides among others that ‘2. A member [of INEC] shall –a. be non-partisan and a person of unquestionable integrity… 3. a Resident Electoral Commissioner shall –b. be a person of unquestionable integrity and shall not be a member of any political party.’
“Under Section 6(4) of the Electoral Act 2022, ‘The appointment of a Resident Electoral Commissioner shall be in compliance with section 14 (3) of the Nigerian Constitution.’
“The nomination, confirmation and appointment of the alleged APC members as RECs for INEC is a breach of Section 6(4) of the Electoral Act 2022 and Section 156(1)(a) and Paragraph 14 of the Third Schedule of the 1999 Constitution.
“The United Nations Human Rights Committee has stated that states including Nigeria 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 and the International Covenant on Civil and Political Rights.
“The African Union’s African Charter on Democracy, Elections and Governance to which Nigeria is a state party also calls upon state parties to establish and strengthen independent and impartial national electoral bodies responsible for the management of elections.
“Those recently appointed as RECs and confirmed by the Senate include an individual who was formerly a member of the PDP before allegedly ‘decamping’ to the APC and who served as the Chief of Staff to Mr Godswill Akpabio when he was Governor of Akwa Ibom State.
“The alleged APC members or loyalists also include individuals who reportedly campaigned on social media for the election of President Tinubu and who was appointed as chairman of the Lagos State Traditional Medicine Board in 2001 when Mr Tinubu governed the state.”
Other parties named in the suit as Defendants include, the INEC; Mr Godswill Akpabio, for himself and on behalf of the Senate; and Messrs Etekamba Umoren; Isah Shaka Ehimeakne; Anugbum Onuoha; and Bunmi Omoseyindemi.
The court is yet to fix any hearing date for the suit.
The military regimes of Niger, Mali, and Burkina Faso have severed ties with the Economic Community of West African States (ECOWAS) and officially formed a new alliance.
Niger’s ruling general announced the move during the inaugural summit of the Alliance of Sahel States (AES) in Niamey on Saturday.
Niger’s General Abdourahamane Tiani at the summit, which saw the participation of the three nations’ leaders stated “our people have irrevocably turned their backs on ECOWAS”.
The AES was established after the countries withdrew from ECOWAS earlier this year.
In September, Niger, Mali, and Burkina Faso signed a mutual defense pact, marking a significant shift in the region’s political landscape.
Niger, Mali, and Burkina Faso left ECOWAS, citing accusations of Paris manipulating the bloc and insufficient support for anti-jihadist efforts.
“The AES is the only effective sub-regional grouping in the fight against terrorism,” Tiani stated on Saturday, highlighting ECOWAS’s “conspicuous lack of involvement in this fight.”
The exit marks a shift away from their former colonial ruler, France, with Tiani advocating for a new bloc that is a “community far removed from the stranglehold of foreign powers.”
All three nations have expelled French anti-jihadist troops, turning instead to their “sincere partners” — Russia, Turkey, and Iran.
Facing deadly jihadist violence, Niger, Mali, and Burkina Faso will focus on “the fight against terrorism” and the “consolidation of cooperation” during Saturday’s agenda, according to the Burkinabe presidency.
ECOWAS is set to hold a summit of its heads of state in the Nigerian capital, Abuja, on Sunday, where relations with the AES is anticipaed to be a key topic.
After multiple bilateral meetings, the three Sahelian leaders are convening for the first time since seizing power through coups between 2020 and 2023.
In mid-May, the foreign ministers of Burkina Faso, Mali, and Niger met in Niamey to draft a text establishing the confederation, which the heads of state are set to adopt at Saturday’s summit.
Niger’s General Abdourahamane Tiani first received Burkinabe counterpart Ibrahim Traore in the capital on Friday, followed by Malian Colonel Assimi Goita on Saturday.
“Don’t expect many announcements; this is primarily a political event,” remarked Gilles Yabi, founder of the West African think tank Wathi. “The goal is to demonstrate that this is a serious project with three dedicated heads of state showing their solidarity.”
Osun State Governor, Senator Ademola Adeleke has warned transport workers in the state against actions and activities capable of resulting into violence and lawlessness.
This was contained in a government statement issued in Osogbo, which was made available to Biztellers.
Gov Adeleke also directed immediate suspension of the Senior Special Assistant on Civil Societies pending outcome of investigations by the Chief of Staff to the State Governor, Hon Kazeem Akinleye, according to the statement.
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He directed the Commissioner for Transportation to again summon a reconciliatory meeting of all the warring groups within the transport sector.
“The officials and their members should desist from distracting Osun people from many ongoing laudable projects and delivery of good governance.
“This administration will not condone lawlessness and acts of violence. We must not and cannot afford to return to the era of the previous administration. Our government has zero tolerance for violence.
“Any issue within the transport management should be resolved in line with due process. Internally Generated Revenue in Osun State is strictly regulated within a framework of accountability and transparency that can not be breached.
“Our government has automated revenue collection while integrating multiple revenue points into a single billing process. Our IGR has increased as a consequence of our innovations and zero tolerance for revenue leakages. Diversion of revenue is a thing of the past in Osun State.
“The Commissioner for Transportation is to engage the transport officials and reconcile all financial records. Any transport official who engages in violence will face the full wrath of the law”, the statement quoted the Governor as saying.
The National Examination Council (NECO) has initiated the construction of seven new offices across the country’s geopolitical zones.
The ceremonial commencement of these projects took place on Friday in the Shabu community of Lafia, Nasarawa State.
The new offices will be established in Nasarawa, Abia, Jigawa, Lagos, Rivers, Sokoto, and Taraba.
The groundbreaking ceremony was performed by the Minister of State for Education, Dr. Yusuf Sununu, along with Governor Abdullahi Sule.
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NECO’s Registrar and Chief Executive Officer, Professor Dantani Ibrahim Wushishi, stated that a comprehensive assessment of the council’s facilities nationwide highlighted the urgent need for infrastructure improvements.
He said “Many of our state offices were housed in rented apartments, often ill-equipped and unconducive to the efficient discharge of our duties.
“This realisation fueled our determination to prioritise the provision of modern, purpose-built facilities that would not only elevate the working, conditions of our dedicated staff but also enhance the overall image and standing of NECO,”
He mentioned that the new offices would serve as beacons of excellence in the administration of examinations in Nigeria. He noted that the project directly reflects the federal government’s commitment to developing infrastructure within the education sector.
He further added that these offices would enhance staff morale and productivity while projecting a positive image of NECO both within Nigeria and internationally as an organization “whose assessments are trusted worldwide for their credibility.”
The new buildings, he stated, would renew and invigorate the council’s commitment to quality, fairness, integrity, and transparency in conducting examinations.
He said “As we look to the future, we envision a NECO that is not only a leader in the administration of examinations but also a catalyst for educational transformation in Nigeria. We are committed to leveraging technology and innovation to improve the quality and accessibility of our services.
“We will continue to work tirelessly to ensure that Nigerian students have access to fair, reliable, and valid assessments that will prepare them for success in the 21st century.
“As we break ground on this new chapter in NECO’s history, we reaffirm our commitment to providing quality examinations and assessments that meet the highest standards of excellence. We pledge to continue working collaboratively with all stakeholders to ensure that Nigerian students have access to the best educational opportunities.”
At the event, Governor Abdullahi Sule praised NECO and the Federal Ministry of Education for selecting Nasarawa as one of the office locations.
He affirmed the state government’s dedication to assisting the examination body in all its endeavors in the state.
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