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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.
Former Vice-President and African Democratic Congress (ADC) presidential candidate, Atiku Abubakar, is set to address a world press conference at his residence in Abuja on Friday.
The specific reason for the media briefing has not been disclosed as of the time of filing this report.
SEE ALSO: Mambilla: ICC Orders Sunrise Power to Pay Nigeria $11.8m After 9-Year Battle
Atiku’s planned engagement comes amid several developments attracting public attention, including a recent report from TheCable concerning a $500,000 payment allegedly transferred in 2003 to his former wife, Jennifer Douglas, by Leno Adesanya, promoter of Sunrise Power and Transmission Company Limited.
TheCable reported that Adesanya told an international arbitration tribunal that the payment was part of a foreign-exchange transaction carried out for Atiku.
The report further stated that the payment was made through China Castle Investments Limited, an offshore company controlled by Adesanya.
The development comes shortly after an International Chamber of Commerce (ICC) tribunal ruled in favour of Nigeria in the $2.35 billion arbitration dispute brought by Sunrise Power over the Mambilla hydropower project.
The tribunal also ordered Sunrise Power and its promoter to reimburse Nigeria for a portion of its legal fees and expenses.
However, there is currently no official indication that Atiku’s scheduled press conference is connected to the Sunrise Power report, the arbitration ruling or any other specific issue.
The Federal Government has assured Nigerians that no one found culpable in the deaths of 37 suspected illegal miners who died in the custody of the Nigeria Security and Civil Defence Corps (NSCDC) in Niger State will be shielded.
Minister of Information and National Orientation, Mohammed Idris, gave the assurance in a statement released on Friday while expressing the Federal Government’s condolences to the Niger State Government, the families of the deceased and the people of the Wushishi community.
The deaths occurred following the arrest of the suspected illegal miners during enforcement operations against illegal mining activities in the Wushishi/Lukoto axis of Niger State.
ALSO READ: 37 Miners’ Deaths: Interior Minister Arrives Minna, Set to Inspect Detention Centre
Idris said the circumstances surrounding the deaths require a thorough, transparent and impartial investigation, stressing that the government’s responsibility is to establish the facts and ensure justice is served.
The Minister of Interior, Olubunmi Tunji-Ojo, had ordered the suspension of the Niger State Commandant of the NSCDC, Suberu Siyaka Aniviye, and directed a full investigation into the incident.
“The swift action taken by the Honourable Minister of Interior underscores the seriousness with which the Federal Government views this matter,” Idris said.
He added that the investigation would be allowed to establish exactly what happened and that appropriate action would be taken based on its findings.
“There will be no attempt to shield anyone found culpable. At the same time, we mustn’t prejudge the outcome of the investigation. The Government’s responsibility is to ensure that the facts are established and that justice is served,” the minister said.
Idris stressed that while the Federal Government remains committed to combating illegal mining and other unlawful activities, enforcement operations must be conducted within the law and with respect for human life and dignity.
He appealed for calm in Wushishi and across Niger State, urging residents and other concerned parties to allow the investigation to proceed without interference.
The minister also assured the families of the deceased and the people of Niger State that the Federal Government shares in their grief and remains committed to fully establishing the circumstances surrounding the tragedy.
Minister of Interior, Olubunmi Tunji-Ojo, on Friday arrived at the Niger State Government House in Minna following the deaths of 37 suspected illegal miners in the custody of the Nigeria Security and Civil Defence Corps (NSCDC).
The minister’s visit comes as pressure mounts on authorities to explain the circumstances surrounding the deaths of the detainees.
SEE ALSO: How Can 37 Suspected Illegal Miners Die in Gov’t Custody? Nigerians Demand Answers
Tunji-Ojo is expected to meet with officials of the Niger State Government as part of his visit to the state.
He is also expected to proceed to the detention centre where the suspected illegal miners were held before their deaths.
The incident has sparked public concern and protests in Minna, with residents demanding answers over the deaths of the detainees while in government custody.
The Federal Government has ordered an investigation into the incident, while the Niger State NSCDC commandant has been suspended pending the outcome of the probe.
Details shortly…….
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