NEWS
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.
With an Abuja High Court ruling, tending to throw the spanner into the works of the Peoples Democratic Party (PDP) for the upcoming Edo State gubernatorial election, by nullifying the nomination of Asue Ighodalo as its candidate, the party has sued for calm.
While declaring total support for Ighodalo’s candidature, the Edo State Chapter of the PDP urged the party faithful to remain winning the main election, despite the ruling nullifying the party’s primary election held in Benin on February 22. https://biztellers.com.ng/breaking-court-invalidates-ighodalos-nomination/
Edo State PDP Chairman, Tony Aziegbemi, in a quick response on Thursday, insisted that Ighodalo remained the party’s candidate ahead of the September 21 gubernatorial election.
Biztellers reports that Justice Inyang Ekwo of the Federal High Court in Abuja on Thursday voided the February 2024 election that produced Ighodalo on the ground that the 378 delegates who were supposed to vote at the primary were illegally excluded by the PDP.
Be that as it may, the PDP has assured should not be swayed by the judicial pronouncement.
The statement read, “PDP is aware that certain elements who are scared of the soaring popularity of our candidate Dr Asue Ighodalo are going about peddling rumours that the candidature of Asue Ighodalo has been nullified.
“Let it be on record that the candidature of Dr. Asue Ighodalo as the flag bearer of the party for the 2024 elections remains intact and that the judgement of the Federal High Court in Abuja did not in any way affect the candidature of Ighodalo
“We urge our teaming loyal supporters to remain calm and resolute as there is no cause for alarm.”
The curtain has been drawn on the lengthy anxiety of citizens and residents of Enugu State on the possibility of the state becoming a ranching ‘guinea pig’.
This is as Governor Peter Mbah announced that he singed into law four bills passed by the Enugu State House of Assembly (EHSA).
Gov Mbah took to his verified official X handle hours ago to make public his signing of the bills, which included, the Enugu State Properties Protection Law, the Enugu State Public Ranch Management Law, the Enugu State Sports Development Fund Law, and the Enugu State Environmental and Climate Protection Law.
Though he asserted that the new laws were “to make our state the best place for investment, business, leisure, and living”, sceptics abound as to the veracity of his assertion, https://businessday.ng/agriculture/article/establishment-of-cattle-ranches-in-western-nigeria-an-immediate-imperative/.
The public have responded in various ways to the development with many expressing concerns on the new laws, particularly thaton grazing.
An X user, Theodore Basil, wrote, “Your excellency, let the Law on Ranching be what you said here oooo . Do not give away our lands to Fulani for cattle rearing. They will claim more lands in the future.”
Gov Mbah wrote, “Today, I signed into law a total of four bills recently passed by the Enugu State House of Assembly, all of which aim to make our state the best place for investment, business, leisure, and living.
“They are the Enugu State Properties Protection Law, the Enugu State Public Ranch Management Law, the Enugu State Sports Development Fund Law, and the Enugu State Environmental and Climate Protection Law.
“The Enugu State Properties Protection Law is consistent with our promise to enhance the ease of doing business in our state. People who come to Enugu State to invest in property must be confident that the title document that is issued to them is worth far more than the paper on which it is written. That is why we frown at land grabbers. This law is a strong warning to them. Under the new law, severe and stringent penalties await those involved in such acts.
“The Public Ranch Management Agency Law is a law that has been misunderstood and misrepresented. We have sometimes been accused of surreptitiously attempting to introduce something other than ranching. However, we must put an end to the practice of open grazing, which causes friction between our farmers and herders. Our goal is to see that it ends. In the 21st century, there is no reason we should encourage open grazing of cattle. So, this law is essentially designed to ensure that people act in a civilized manner. We will ensure that there are enough services, such as abattoirs and proper cattle markets, not where people will come and live.
“On the Environmental and Climate Protection Law, we are going beyond lip service to protect our environment. So, today, what we have done today is to set out clear policies and plans for us to protect our environment. We are all aware of the dangers that the depletion of the ozone layer poses to us as a people.
“The Enugu State Sports Development Fund Law would help us build capacity, nurture grassroots talents, promote school sports, and essentially develop our sports sector. We consider sports as more than just a kind of recreation, but as a veritable means through which we can stimulate economic growth. And the bill I signed into law today will assist us in accomplishing this goal.
“I’d want to thank the Honourable Speaker and members of the Enugu State House of Assembly for their hard work in expeditiously passing the four executive bills.”
The chances of the Peoples Democratic Party (PDP) retaining power at Edo State, post the 2024 gubernatorial election cycle have become dicey.
This is because the Federal High Court (FHC), Abuja has on Thursday invalidated the Edo State PDP’s primary election purportedly conducted on February 22, 2024, over breaches of the Electoral Act of 2022.
It was gathered that the FHC’s decision to cancel the PDP’s primary election that threw up Asue Ighodalo as the party’s candidate for the upcoming governorship election in Edo state.
In a ruling, Justice Inyang Ekwo determined that the PDP’s primary election on Feb. 22 did not adhere to the requirements set out in the Electoral Act of 2022, the guidelines for the poll, and the party’s constitution https://punchng.com/obi-meets-nlc-today-over-conflict-with-abure/.
Justice Ekwo determined that the Exhibit PDP 1, presented by the party, lacked supporting evidence.
He further ruled that the plaintiffs successfully proved their case against the defendants by submitting relevant exhibits.
Recall that in a related development, the Independent National Electoral Commission (INEC) already scheduled the Edo Governorship Election to take place on 21 September 2024.
The electoral umpire disclosed this in a statement by it’s spokesperson, Sam Olumekun, where it pointed out that date was set to ensure adequate preparation and smooth conduct of the election process.
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