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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 Petroleum Products Retail Outlets Owners Association of Nigeria (PETROAN) has raised concerns over alleged monopolistic practices by Dangote Refinery, following a public dispute about fuel pricing in the downstream petroleum sector.
Recall that the refinery, Africa’s largest, recently disclosed its petrol pricing at N990 per litre in trucks and N960 per litre into ships, a move it justifies as being in line with international rates.
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PETROAN, however, sees this as an attempt to suppress competitors and dominate the Nigerian market.
The rift began when Dangote Refinery claimed that complaints from marketers regarding its pricing were fueled by intentions to import cheaper, potentially substandard products.
In response, PETROAN strongly rejected these allegations, suggesting that Dangote’s claims are tactics designed to maintain a monopoly in the sector.
Joseph Obele, PETROAN’s spokesperson, stated that the association remains committed to importing high-quality products at more competitive rates to ensure affordability for Nigerian consumers.
According to PETROAN, competition in the market is essential for achieving fair pricing, and any attempt to stifle it would be detrimental to consumers.
They argue that Dangote Refinery’s pricing should reflect production costs and fair margins rather than international benchmarks, especially given concessions granted by the government for the refinery’s establishment.
PETROAN also announced its plans to partner with foreign refineries and financial backers to import premium-quality petroleum products at prices below current rates.
The association aims to enter the market by December 2024, pending necessary regulatory approvals.
“The allegations that PETROAN will import substandard products are unfounded and aimed at creating an unfair playing field,” the statement read.
PETROAN warned that similar claims in the past had led to significant price hikes when competitors were pushed out, emphasizing that the entry of new players into the market would lead to more competitive pricing and ultimately benefit Nigerian consumers.
PETROAN expressed appreciation for President Bola Tinubu’s commitment to revitalizing Nigeria’s state-owned refineries and urged the government to consider privatizing the Port Harcourt and Warri refineries once rehabilitation is complete.
The association believes a transparent privatization process will help strengthen Nigeria’s downstream sector and counter monopolistic tendencies.
To address the ongoing pricing challenges in the sector, PETROAN called on the government to convene a comprehensive meeting of industry stakeholders, including major associations like IPMAN, DAPPMAN, MEMAN, NUPENG, and PENGASSAN.
PETROAN believes that collaboration among these groups will be instrumental in establishing a sustainable and competitive pricing framework for petroleum products in Nigeria.
Sultan of Sokoto, Sa’ad Mohammad Abubakar II, has called on Nigerians to avoid publicly criticizing their leaders, instead urging citizens to place their trust in God to address leadership concerns as He deems fit.
Speaking at the Regional Conference on Climate Change-Induced Conflicts in Northern Nigeria, organized by the Kaduna State Bureau of Interfaith in collaboration with International Alert, the Sultan emphasized faith and patience in navigating the country’s challenges.
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Acknowledging Nigeria’s current economic and social hardships, the Sultan encouraged continuous prayer, not only for the nation but for its leaders as well.
“Even though many feel times are particularly hard, we believe relief will come. Let’s increase our prayers for our leaders, trusting God to address them in His way,” he said, expressing hope that divine intervention could bring stability and prosperity.
The Sultan reminded political leaders of their ultimate accountability to God, cautioning that they will stand alone on the Day of Resurrection, with only their deeds to support them.
“On that day, every leader will stand alone. Governors, advisers—none will have support except their own deeds. Let us act with a deep sense of responsibility and fear of God,” he stated.
Addressing religious leaders, he warned against misleading their followers for personal gain, underscoring the trust many place in their religious guidance.
“Only God can save any human being,” he said, encouraging Nigerians to remain faithful and discerning in their spiritual beliefs. “Focus on worshiping Allah and leave the rest to Him. Don’t follow those who might lead you astray.”
With leaders from various religious communities, including the President of the Christian Association of Nigeria (CAN), in attendance, the Sultan called for unity, resilience, and communal effort to tackle pressing issues such as climate change, poverty, and insecurity in the northern region.
He praised the North’s history of unity and resilience, warning against divisive narratives that threaten communal harmony. “When we are united, we can face any challenge and build a prosperous community,” he asserted.
The Sultan’s remarks come amid ongoing social and environmental issues in the region, including a recent surge in climate-related challenges that have exacerbated poverty and security threats.
In light of these issues, he called on both Muslims and Christians to intensify their prayers, saying, “Our country faces many challenges, and we must turn to God in prayer. Let us intensify prayers in our mosques and churches.”
In a decisive move, President Bola Tinubu has ordered the immediate release of all minors detained by police during the recent #EndBadGovernance protests.
The directive, announced by Minister of Information and National Orientation, Mohammed Idris on Monday, underscores the government’s commitment to protecting children’s rights and ensuring justice.
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Idris confirmed that President Tinubu’s directive prioritizes the welfare of detained minors, instructing the Ministry of Humanitarian Affairs to facilitate their safe reunification with their families.
A committee led by the Ministry of Humanitarian Affairs will be established to oversee the welfare of the released minors and ensure compliance with the president’s orders.
Additionally, President Tinubu has directed a formal investigation into the actions of law enforcement agencies involved in the arrests.
The president emphasized that any misconduct uncovered during the investigation will result in disciplinary action, affirming his administration’s dedication to accountability within law enforcement.
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