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Tag: Prof. Attahiru Jega

  • Power of incumbency impairs Nigeria’s electoral integrity, says ex-INEC Chair Jega

    Power of incumbency impairs Nigeria’s electoral integrity, says ex-INEC Chair Jega

    A former Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega, has said using the power of incumbency to politically interfere in the electoral process and influence electoral bodies, security personnel or processes negatively impacts the integrity of the electoral process in the country.

    He also said aggressive pursuit of self-serving objectives by politicians, who are essentially narrow minded and lacking in enlightened self-interest, also affect the nation’s electoral process.

    Jega said this and more yesterday in Abuja while delivering the convocation lecture at the ninth NILDS/UNIBEN postgraduate and fourth NILDS Higher National Diploma (HND) organised by the National Institute for Legislative and Democratic Studies.

    “If democracy, in comparison to other forms of government, is the best system of organising politics and governance in a modern nation-state, why has it been failing to satisfy popular aspirations and expectations in Nigeria?” Jega queried.

    The former INEC chairman listed the major obstacles to electoral integrity. These, he said, include aggressive pursuit of self-serving objectives by politicians who are essentially narrow-minded and lacking in enlightened self-interest, and who strive to ‘win’ elections by any means necessary.

    Jega accused some politicians and elected officials of subverting or undermining the rule of law by resorting to the ‘do-or-die’ mentality during elections.

    The former INEC chairman noted that such despertion engenders conflicts, violence and crises before, during and after elections.

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    He also decried the deployment of paid, armed, and thugs to intimidate voters and election officials, and/or violently disrupting campaigns and/or polling stations of perceived opponents.

    Jega, who supervised the conduct of the 2011 and 2015 general elections, also decried the violation of campaign financial laws by political parties, candidates, and notable politicians, as well as the use of cash and other material inducements to buy influence voters, election officials and security personnel to tilt the outcome of elections.

    Other factors that influence the negative outcomes of elections, he said, include unethical, unprofessional and amoral disposition of election officials, increased corrupt judicial involvement in the determination of electoral matters, voter apathy as well as deliberate ‘exit’ from the electoral process due to loss of confidence in the process.

    According to him, democracy cannot be nurtured,  nourished and sustained by undemocratic means.

    Jeaga stressed that democracy can only be sustained and consolidated by the actions, attitudes and dispositions of democrats, through democratic means.

    He said: “Only democrats using democratic values, beliefs, and processes can ultimately help build, nurture, sustain, and consolidate democratic gains.

    “To expand the scope of electoral integrity in Nigeria, all the obstacles identified above need to be addressed through an alliance for elections with integrity in Nigeria, bringing together a range of stakeholders with the same objectives of bringing about desired reforms.”

    The former INEC chairman said there is a need to pay attention to strengthening of independent and impartial election management bodies (INEC and SIECs) responsible for the planning, preparation and conduct of elections, and strengthening judicial institutions and mechanisms that redress election-related disputes in a professional and a timely manner.

    He said all stakeholders need to work in unison to ensure fair and equitable access by contesting parties and candidates to state-controlled media during elections and ensure that there is a binding and enforceable code of conduct governing legally recognised political stakeholders, government, and other political actors prior to, during, and after elections.

    He added that Nigerians need to work together to engender public trust, and mobilise citizens for popular participation and discharging their obligations and civic duties, such as registering for and voting during, elections.

    Jega said: “With electoral integrity, accountability and good democratic governance are virtually guaranteed. Electoral integrity can help in strengthening public/democratic institutions such as the judiciary, legislature, INEC, police, etc.

    “When there is electoral integrity, the tendency of political violence is minimal. Also, the role of strong and credible civil society organizations and effective media oversight can help in aiding democratic development in Nigeria.

    “Electoral integrity can be a catalyzed towards realizing democracy’s development potential. “Also, when conducted with integrity, electoral processes are at the heart of democracy’s ability to resolve conflict peacefully.

    “Electoral integrity can also deepen democratic development and enhance public deliberation and reasoning about salient issues and how to address them collectively and constructively. Electoral integrity also has the potential of lessening corruption in all electoral processes.

    “Electoral integrity is absolutely essential for deepening democratic development. Electoral integrity is an instrument for strengthening development as it is conventionally understood, but also for expanding the concept of development to include a broader and deeper range of human needs.

    “Electoral integrity may not be the ultimate solution, as a panacea, for democratic development, but it is, no doubt, one of the most essential foundations for democratic development in Nigeria, as it would certainly enhance legitimacy, promote good democratic governance, engender general trust in public institutions and the governance process generally, and encourage citizens’ active participation in the electoral and democratic processes,” Jega added.

    He said there is a need for periodic review, update, and improve upon the legal framework for elections in Nigeria, which is an absolute requirement for electoral integrity and democratic development.

    He said: “The Electoral Act in particular, and the constitution in general need to be examined and amended if necessary for value additions, in good time in between general elections. However, amendments need to be effected at least six (6) months before the next general elections, consistent with the AU/ECOWAS protocols pertaining to elections.

    “There is need for continuous legal and administrative reforms, as well as sensitization and public enlightenment. Most significantly, there is a need for all stakeholders to strengthen their constructive engagement with the electoral process, with a view to improving, protecting, and defending its integrity.

    “I advocate for improved transparency and accountability of the INEC through effective communication to all stakeholders. There is need for effective, impartial, independent, timely, and enforceable dispensation of justice on electoral-related matters. Our courts and justices who preside over them need to also conduct their duties with integrity.

    “As the EMBs increasingly use technology, there is a need to also pay adequate attention to the risks of cyber attacks by deploying effective protective cybersecurity.”

  • Democracy can’t thrive without responsible, visionary leadership, says Jega

    Democracy can’t thrive without responsible, visionary leadership, says Jega

    A former National Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega, has said leadership, democracy, and national development are deeply interconnected concepts that shape the trajectory of progress and development of any nation.

    Jega stated this while delivering an address as the keynote speaker at the third hybrid annual National Conference of the Department of Political Science of the Federal University, Gusau, Zamfara State.

    The former INEC chairman noted that good leadership provides the vision and direction necessary for governance, while democracy offers the framework through which leaders are elected, held accountable, and guided by the will of the people.

    He said: “When leadership and democracy function in harmony, they create an environment conducive to national progress and socio-economic development. Conversely, when in disharmony, they undermine governance, create the conditions for authoritarian reversal, and block satisfaction of popular needs and aspirations for sustainable socio-economic development

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    “Democratic systems empower citizens to participate in decision-making processes, ensuring that leaders in the governance processes focus on the collective interests of citizens rather than the ambitions of a few.”

    Jega said Nigeria lacks good and visionary leaders, stressing that the majority of those in power lust after wealth accumulation.

    “Without responsible and visionary leadership, democracy cannot thrive; without democratic principles, leadership risks devolving into authoritarianism/democratic backsliding,” Jega said.

    Zamfara State Governor Dauda Lawal, who was the special guest of honour, said the conference would help policy makers in the public and private sectors to re-strategise to address leadership decay.

    “Even though it is easy to point an accusing finger at the public sector but the issue is all over,” the governor, who was represented by the Commissioner for Education and Technology, Mallam Wadatau Madawaki, added.

    The Vice Chancellor of the university, Prof. Mu’azu Abubakar Gusau, represented by Deputy Vice Chancellor, Academic, Prof. Aliyu Moyi, said the conference was being held at an auspicious time.

  • N17.258b judgment debt: Why court froze INEC’s accounts

    Facts emerged Friday why a Federal High Court in Abuja froze accounts owned by the Independent National Electoral Commission (INEC) in banks particularly Central Bank, First Bank and United Bank for Africa (UBA).

    INEC’s accounts in CBN, First Bank and UBA are: 002-01224-42021 and 002-01224-41032 domicile in Central Bank of Nigeria (including all funds held in both accounts).

    Others are: 2022050942 and 2022050904 in First Bank (with balances of N1, 578,696,848.84 and N600, 270,638.00); and 1005393548 in United Bank for Africa (with balance of N52, 000,000.00).

    The temporary freezing order was made by Justice John Tsoho upon an ex-parte motion filed by a Lagos-based firm – Bedding Holding Limited (BHL) – for a ganishee order nisi.

    The Federal High Court had on January 28, 2014 gave a judgment against INEC, its then Chairman, Prof Attahiru Jega, the Attorney General of the Federation (AGF) and three others in a suit marked: FHC/ABJ/CS/816/2010, filed by BHL.

    Other defendants in the suit were Haier Electrical Appliances Corporation Limited, Zinox Technologies Limited and Avante International Limited, who were contractors to INEC, engaged to supply equipment that it deployed for voters’ registration prior to the 2011 elections.

    BHL had sued, accusing INEC, Jega and other defendants of infringing on its exclusive “Patent Rights “No: RP16642 and Copyrights Design No: RD13841 in and over Electronic Collapsible Transparent Ballot Boxes (ECTBB) and Patent Rights No: NG/P/2010/202 – Proof of Address System/Scheme (PASS) – Embedded with the Concept of the Coded Metal Plate.”

    The firm claimed that the inventions, which its exclusive patent and copy rights covered, were deployed by INEC and the other defendants “for the production of voters’ register for the 2011 general elections, among other elections, without its prior license, consent and authorisation.”

    In a judgment on January 28, 2014, then Chief Judge of the Federal High Court, Justice Ibrahim Auta, agreed with BHL’s claims and granted all its declaratory and monitary reliefs against the defendants.

    Justice Auta ordered among others, that BHL “is entitled to 50 per cent of the total contract sum of N34, 517,640,000.00,(which is N17,258,820,000.00) being the minimum reasonable royalty accruable to the plaintiff for the production, procurement, supply, acquisition, importation, purchase, receipt, sale of the Direct Data Capturing Machine, laptops and/or any other equipment ancillary to, or associated with the process and application of the said products for the registration of voters and or the collation/compilation and production of the voters’ register for the 2011 general elections and any other elections by the defendants, without first seeking and obtaining the consent of the plaintiff.”

    BHL’s ex-parte motion for ganishee order nisi, granted by Justice Tsoho on May 24, 2018 was in furtherance of the execution of the January 28, 2014 judgment.

    Former President of the Nigerian Bar Association (NBA) Wole Olanipekun (SAN), who saw merit in BHL’s case, led a team of lawyers, including two other Senior Advocates – Assam E. Assam and Karina Tunyan – to argue the ex-parte motion on May 24, 2018.

    Olanipekun, while arguing the motion, told the court that BHL had, since January 28, 2014 when the judgement was given, notified the judgment debtors and written the AGF on the issue.

    He said parties to the judgment had held several meetings on the judgment, but which have remained inconclusive, a development that informed the motion aimed at executing the judgment.

    BHL, in a supporting affidavit, said mediation meetings held on two occasions, by parties to the judgment, under the chairmanship of the Solicitor General of the Federation/Permanent Secretary of the Ministry of Justice, “could not be concluded because the 1st judgment debtor (INEC) failed, refused and/ or neglected to attend subsequent meetings.”

    Although BHL”s motion for garnishee order nisi had all the six judgment debtors listed, it chose to proceed against only INEC and the AGF. It discontinued against Jega, Haier, Zinox and Avante.

    Justice Tsoho has adjourned to July 2 this year for the garnishee ( the 23 banks listed in the application) to show cause why the garnishee order nisi should not be made absolute (why the temporary freezing order should not be made permanent, compelling the banks to pay to the judgment creditor -BHL- the judgment sum).

  • Unique celebration as Jega bows out

    Unique celebration as Jega bows out

    Professor Attahiru Jega has finally bowed out as Chairman of the Independent National Electoral Commission (INEC) on Tuesday after five years of meritorious service to the nation.

    Kindly find the ways Nigerians celebrated the hero of the 2015 general elections on twitter below:

     

  • BREAKING: Jega hands over to Wali

    BREAKING: Jega hands over to Wali

    Professor Attahiru Jega has finally bowed out as Chairman of the Independent National Electoral Commission (INEC) on Tuesday after five years of meritorious service to the nation.

    Jega, who received accolades from Nigerians home and abroad as well as the international communities for his dignified contributions to the success of the 2015 general election, hands over to Ambassador (Dr.) Ahmed Wali.

    AMB-WaliBefore his appointment as National Commissioners of the (INEC), Wali was a Visiting Reader (Associate Professor) to the Department of Political Science, Usmanu Danfodiyo University, Sokoto, and Chief Executive Officer, Development Strategies International (DSI).

    Ambassador Wali is a member of various committees of INEC and the Chairman of the Tenders Board.

    Wali, a Muslim, Fulani, hails from Sanyima town in Tambuwal Local Government Area of Sokoto State, in the North-West geopolitical zone of Nigeria.

    Jega, who is leaving INEC with six National Commissioners whose tenure has equally expired, fought the greatest battle of his life, to preserve his good name, in conducting the 2015 general elections.

    When former President Goodluck Jonathan nominated Jega as the Chairman of INEC in June, 2010, it was borne out of the conviction that he was found worthy of a position that had a history of lacking in men that live up to the creed such an office demands— unimpeachable integrity and being a consistent stickler for truth.

    It would be recalled that general elections were conducted under Jega’s supervision – 2011, 2015- each with improvement as the 2015 general elections were accepted by all and sundry as the freest and fairest ever in the country’s electoral history.

    He is a former President of the Academic Staff Union of Universities (ASUU), and was an opponent of the Babangida military government in the early 1990s. Politically leaning towards the left, as ASUU President he was closely associated with the Nigeria Labour Congress (NLC), and continued that connection throughout his career.

    On April 29, 2010 he was guest lecturer for the NLC May Day celebration where he presented a paper on ’50 Years of Nationhood: Challenges of Good Democratic Governance, Credible Election and the Working Class’.

    He is widely seen as an astute intellectual with a strong sense of ethics and morality.

  • Jega regrets card reader failure at President’s unit

    Jega regrets card reader failure at President’s unit

    Professor Attahiru Jega, Chairman of the Independent National Electoral Commission (INEC) has described what happened at the Polling Unit of President Jonathan as ‘regrettable and a national embarrassment.’

    Jega stated this while speaking on National Television Authority on the failure of some card readers at Otuoke where President Jonathan and family voted.

    Jega said: “In general, we believe that in spite of the challenges things have gone very well. Despite our challenges, we believe that the card readers have done the best for credible elections.

    “The card reader still has substantial credibility together with the permanent voter cards in these elections.

    “The turnout has been quite large and voters have been patient in exercising their franchise. As we know man proposes, and God disposes and we have experienced some challenges.

    “There is not a single election we have postponed in any state for lack of result sheets. The only PU were we said they can come back tomorrow and do elections was the PU that at 1pm, the process had not began.

    “For the election that we rescheduled to April 11, it will be done with Governorship elections.”

    Speaking about the attack on the commission’s website earlier today, the chairman said: “What I want to stress is that no database on the website is compromised, but only the information on the website.

    “The hack did not disrupt our plans and we were able to restore the website.”

    “We thank God because in general the elections have been peaceful.”

  • Presidential election: PDP’s last card

    Presidential election: PDP’s last card

    From popular outcry, President Goodluck  Jonathan had promised Nigerians and the international community that the elections on March 28 and April 11 will hold; that Prof Attahiru Jega will not be removed or sent on terminal leave when the elections are just around the corner. I had told Nigerians and the international community that President Jonathan could not be trusted in his promises, as he will always go behind his promises to initiate or instigate moves that will undermine his own promises. How can we explain the Pro-Jonathan’s protest by the Oodua Peeple’s Congress (OPC) for the removal of Jega as the nation witnessed in Lagos on  March 16, which was meant to scuttle the March 28 and April 11 elections he has promised will hold?

    When it dawned on the President and the Peoples Democratic Party (PDP) that the use of Permanent Voter Cards (PVCs) and Smart Card Readers (obviously meant to bring about free, fair and credible elections, devoid of rigging) was a foregone conclusion, protests and court cases were instigated by the presidency and the PDP to stop the use of these technological devices which ought to have been supported by the President who, himself, once promised to tackle corruption with the same technology he is now afraid of, simply because the use of the SCRs will not allow those who had cloned and bought PVCs to use them without being detected at the elections.  Just because the Independent National Electoral Commission (INEC), the people of Nigeria and the international community have insisted on the use of these technological devices for the elections of March 28 and April 11, and that under no circumstance should these elections be subjected to another postponement, the PDP’s last important card is its attempt to create confusion of monumental proportion on the day of election.

    The plan is to ensure that SCRs do not work on the days of elections, in order to justify their morbid fears about the use of the SCRs that will expose their rigging plans. Now, the All Peoples Congress (APC) has accused President Jonathan’s administration and the PDP of planning to jam the machines on voting days for which an Israeli has been hired. The Israeli “had developed three prototype SCRs jammers to be carried in the pockets of trusted PDP chiefs on election days to disable the SCRs so as to justify the PDP’s fears about the Card Readers” (The Nation, Tuesday, March 17, pages1&4). Besides disabling the SCRs, “the jammers will also disable all telephones, I-pads among others within the state’s radius of those carrying them on their persons”. The plan is to deploy the card jammers to the strongholds of the APC, like Northwest, Southwest, Northeast, Rivers State and other suspected areas in the North, Southeast and Southsouth.

    The Israeli is already seen as a traitor to the international community interested in free, fair and credible elections in Nigeria, and “an enemy of Nigeria and Nigerians who do not mind if the nation burns, as long as he collected his pay”. For the production of 75,000 jammers, the nation would cough out $15 millon at $200 per jamming machine for the PDP! On this serious matter, Nigerians, the international community and the leadership of the INEC must see to it that none of the telephone service providers like MTN, GLO and ETISALAT cooperate or compromise with the Federal Government in this jamming game while the Nigerian Communication Commission (NCC) must steer clear of this shameful scenario. The leadership of INEC, with the cooperation of the international community, must provide counter jammers to the PDP jamming machine. Already, the international community and especially the United States (U.S.) have made it clear through Vice President Joe Biden, that INEC must use the PVCs and SCRs for the March 28 and April 11 elections in Nigeria (Punch, Friday, March 19, 2015, p.7)

    The questions that President Jonathan and PDP must answer at this eleventh hour are these: What plans do they have for successful elections that are free, fair and credible on March 28 and April 11? What plans do they have for creating crisis by using technology (jammers) to prevent the SCRs from working on March 28 and April 11? How actually prepared are they for these elections? And, finally, are they prepared to take responsibility for scuttling the March 28 and April 11 elections and the attendant consequences, should anything go wrong in accordance to their plan, wish or prayer? Or, by creating crisis at the coming election, do they hope that the army will take over in order to prevent any elections and Gen Muhammadu Buhari from being sworn in as the next President? It should be pointed out that any attempt to take over the government by the military will lead to a situation worse than those of the Arab Springs where the military and the police had no choice but to surrender to the superior force of the masses of the people who drove out President Mubarak and got him tried for crime against the Egyptian people by the International Criminal Court (ICC).

    The Inspector-General of Police (IGP), Suleiman Abba has said “no waiting at polling booths after voting” (Punch, March 20, p.2). Traditionally, electorate are expected to wait after casting their votes to ensure that their votes count and are counted. That is what INEC, the legally constituted authority to conduct and monitor elections in Nigeria, says. Voters are well protected by electoral – and not police – laws. The IGP should not usurp the powers of INEC and should be careful about his illegal directive which is not tenable, because what he is saying is that voters should not wait to monitor what happens to their votes and collect the results on the spot. This is yet another rigging device that must be thrown into the dustbin.

    On a final note, Nigerians must insist that election materials are delivered to the polling stations on time, as not doing so will affect those who are eager to cast their votes, especially if delays of election materials occur in the strongholds of the opposition party. The Federal Government must also be careful about the way it manipulates the Nigerian Television Authority (NTA) for carrying news and advertisements about the PDP to the exclusion of the APC, because the NTA is for all Nigerians. Surely this policy of exclusion will backfire as it will further draw the wrath of Nigerians against the ruling party.  A word, we say, is enough for the wise!

     

    Moses Akinola Makinde is a professor of Philosophy and the Director-General/Chief Executive Officer of the Awolowo Centre for Philosophy, Ideology & Good Governance, Osogbo, Osun State.

  • Jega and the forces of darkness

    Jega and the forces of darkness

    Speculation is rife that Independent National Electoral Commission (INEC) Chairman Prof Attahiru Jega may be sent on pre-retirement leave this week. Will it be legal for President Goodluck Jonathan to do that? No, say lawyers, who argue that Jega is not bound by civil service rules, writes ADEBISI ONANUGA.

    DURING last month’s Presidential Media Chat (PMC) Dr Goodluck Jonathan denied that there were plans to send Independent National Electoral Commission (INEC) Chairman Prof Attahiru Jega on terminal leave. Despite his denial, the issue keeps popping up.

    Last Thursday, the All Progressives Congress (APC) senators raised the alarm about a plot to force Jega on terminal leave this week.

    The caucus said the plot to send Jega away before the rescheduled March 28 presidential election was being orchestrated by some members of the ruling Peoples Democratic Party (PDP) and others  in high places.

    It said those behind the scheme intended to serve Jega a letter from the office of the Head of Service of the Federation, directing him to proceed on leave.

    The senators said the President lacks the power to remove Jega under any guise without the Senate’s consent.

    The Minority Leader, Senator George Akume, told reporters in Abuja that the plot would be resisted.

    Akume, who described the plot as unwarranted, said: “We oppose the removal (of Jega) because it is criminal, illegal and unconstitutional.”

    The handwriting has been on the wall that PDP is no longer comfortable with Jega conducting the general elections. The party, it is believed, is bent on removing him before the March 28 presidential and National Assemblies the elections.

    Akume referred to an Office of the Head of Service of the Federation’s memo dated August 11, 2010, titled: “Re: Request for clarification on pre-retirement leave”, which states the categories of officers involved in pre-retirement leave.

    Paragraph two thereof states: “I am to further inform you that paragraph 1 of the Circular clarified that the content of the circular is only applicable to core officers who run their Civil Service to retirement at thirty-five (35) years of service or sixty (60) years of age and not for a definite tenure as is the case under reference.”

    Akume noted that terminal leave is only applicable to core civil servants who retire after 35 years of service or 60 years of age and not for those who have a definite tenure as in Jega’s case. He said Jega could only be removed, if he had done anything to warrant such action – with the consent of two-thirds majority vote of the Senate.

    Does the President have powers under the constitution to remove Jega or ask him to proceed on terminal leave? Section 157  of the 1999 Constitution as amended states: “(1) Subject to the provisions of subsection (3) of this section, a person holding any of the offices to which this section applies may only be removed from that office by the President acting on an address supported by two-thirds of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.

    “(2) This section applies to the offices of the Chairman and members of the Code of Conduct Bureau, the Federal Civil Service Commission, the Independent National Electoral Commission, the National Judicial Council, the Federal Judicial Service Commission, the Federal Character Commission, the Nigeria Police Council, the National Population Commission, the Revenue Mobilisation Allocation and Fiscal Commission and the Police Service Commission.”

     

    Activists oppose bid

     

    Anthony Cardinal Okogie and other prominent Nigerians have condemned the plot.

    Okogie said: “If he is not due or not meant for terminal leave, which then would be an illegal move, then the court will have to look into it. Prof Jega has his fundamental human right. If he is not meant to be on terminal leave, then he can fight for his fundamental human right.”

    Activist lawyer, Prof. Itse Sagay (SAN) said it would be rash and irresponsible of the government to remove Jega.

    “If they do that, they will scuttle the election and that will slide the nation into a political and constitutional crisis.They should leave things the way they are. The polity is not owned by one person. It is owned by all of us,” he said.

    Retired Police Commissioner Abubakar Tsav also feared that forcing Jega out  “will create a lot of problems. If Jega conducted elections in other states very well, especially Ekiti State and the PDP hailed him, why are they scared about this?” he said.

    “Any attempt to remove him will create confusion in the country. It will make the international community to see the country as unserious. In fact, it appears the ruling party is scared of  General Muhammadu Buhari’s popularity.”

    Lagos lawyer, Festus Keyamo, said of the alleged plot:  “First of all, Prof Jega is not subject to civil service rules. So, it will be wrong to send him on terminal leave based on civil service rules. Second, this would be the  second  brazen attempt to destroy the sanctity of the forthcoming elections, the first one being the postponement of the election, and this would be the second brazen attempt. And it will be a second one too many.”

    A constitutional lawyer Fred Agbaje berated Federal Government for not debunking the rumours which, according to him, has been flying around for over a month.

    “The citizens are justified in their perception of the intention of the government to remove Jega under the guise of terminal leave. It has grave implications for the country. The fears are justified going by the antecedents of the government at denying things of this nature or matters that bother on national interest.”

     

    Half-hearted denial?

     

    But the supervising Minister for Information, Edem Duke, said the government is not planning to remove Jega before the elections, adding that he would leave office in accordance with laid-down service rules.

    Duke said: “On the issue of the INEC chairman, I align myself with what the president said that he has no plan to sack the INEC chairman. That is not to say that if it is time for the INEC chairman to naturally exit his office, then the natural course of things will not take place.

    “It is like talking of a civil servant who has done 35 years or achieved the age of 60; we now begin to say that he must not retire or he must retire. I think all of that is in the terrain of the presidency and he has spoken.”

     

    Other lawyers speak

     

    Lawyers agree that the President cannot unilaterally ask Jega to proceed on terminal leave, which amounts to removal. The appointment, tenure and removal procedure of other public servants are not specifically mentioned in the Constitution as in the case of the INEC chair. In other words, say the lawyers, Jega is not subject to the letters of the civil service rules.

    They said it would be unconstitutional for the President to ask Jega to proceed on terminal leave without valid reason(s). They said the 1999 Constitution specifically provides that the INEC chair can only be removed if there is evidence that he is unable to discharge the functions of his office or for misconduct.

    Besides, they noted that Section 157 of the 1999 Constitution provides that Jega can only be removed by the President with the support of two thirds of the Senate.

    Asking him to go on terminal leave before the expiration of his term, they said, equates to removal from office and unless there is evidence that Jega is infirm in mind or body, or has engaged in gross misconduct, he cannot be removed under any guise before the end of his tenure.

    A former Nigerian Bar Association (NBA) president, Chief Wole Olanipekun (SAN), said it is unimaginable that Jega would be removed in the middle of an electoral process.

    “I do not think the President will do it or even contemplate it. Not at this period.

    “Prof Jega’s tenure as INEC chairman is regulated by the constitution and under the same constitution, the INEC chairman is the returning officer for Presidential election. If Jega is sent on terminal leave now, it will amount to sabotaging the already scheduled elections.

    “The President will have to nominate another person who will be subjected to security screening.  After that the name will be forwarded to the National Assembly for approval and all this cannot be done within the weeks we have to conduct the elections.

    “Let us assume they are able to conclude the clearance process. When does the man settle down to plan for election if May 29 is sacrosanct? There are a lot of logistics problem that will be involved and so, I have serious reason to believe that no president will contemplate such a thing at this time.

    “The inherent dangers are limitless and if that is done, we should as well forget about holding elections and the May 29 handover date. If May 29 is sacrosanct, INEC chairman’s tenure is sacrosanct.  People arguing that it is line with civil service procedure for a public officer who haven’t gone on annual leave should proceed on three months terminal leave should tell us if the President’s Ministers will also proceed on three months terminal leave. I think it is better not done.”

    Abuja-based lawyer, Sebastine Hon(SAN) submitted that it would amount to a flagrant breach of the Constitution to force Jega to proceed on terminal leave.

    “In the first place, Jega as INEC chairman is not a civil servant but a creation of the Constitution of Nigeria. This, then, removes him from the control, overt or covert, of civil service bureaucrats like the Secretary to the Federal Government or the Head of Service of the Federation. Consequently, neither of these bureaucrats has any scintilla of power to order him around.

    “In particular, they cannot lawfully ask him to proceed on terminal leave as being speculated. He should ignore such directive if it is ever issued. Secondly, Jega enjoys a constitutional term of five full years. Unless the procedure for Jega’s removal from office as spelt out in section 157 of the Constitution is scrupulously complied with, upon the reasons for such removal as also adumbrated therein being strictly construed, Jega’s period can only come to an end five years after he was sworn in.”

    According to Hon, “It must be borne in mind that section 155 of the Constitution is the federal equivalence of Section 201 of the same Constitution, which has created five-year tenure of office for similar ‘independent’ bodies established for the states.

    “The Supreme Court, in voiding the dissolution of the Kwara State Independent Electoral Commission, held in Governor of Kwara State vs. Ojibara (2007) All FWLR (Pt. 348) 864 that the framers of the Constitution deliberately donated a five-year tenure to the members of the Commission – one year more than the four-year tenure of political office holders – ‘with a view to create continuity and stability in the electoral process and governance’ and that membership of that Commission is not meant to ‘change with the fortunes of the political parties in a state.’

    It concluded that the conditions stipulated in the Constitution for the removal of members of the Constitution must be strictly complied with and that removal based on ‘the general interest’ of the State or due to change in government policy is not permissible. The Court of Appeal was to strictly follow this decision in Dangana vs. Governor of Kwara State (2011) All FWLR (Pt. 593) 1851, wherein it voided the dissolution before the expiration of their five-year tenure, of members of the Kwara State Judicial Service Commission. See, also, Okungbowa vs. Governor of Edo State (2014) All FWLR (Pt. 753) 1975″.

    Hon contended that it would amount to a flagrant breach of the Constitution and a gross abuse of power for anybody to contemplate the removal, by whatever means or name, of Prof. Jega from office. Such move, he said, would send wrong signals to all impartial observers and will definitely, as is already apparent, overheat the system. “This ill-intentioned move must be vigorously resisted by all persons of good will,” he said.

    Lagos lawyer Femi Falana (SAN) said since Jega’s appointment enjoys constitutional flavour he cannot be sent on sabbatical or terminal leave. He, however, recalled that his last media chat, the President gave the erroneous impression that he could hire and fire the chairman and national commissioners of the INEC.

    “With respect, the chairman of INEC has renewable five-year tenure pursuant to section 155 of the Constitution. The appointment of the chairman of INEC is subject to the ratification of the Senate. Since Jega has declined to resign as demanded by some leaders of the PDP he can only be removed with an address of the President backed by a resolution supported by not less than two thirds majority of the members of the senate.”

    To him, there is no basis for the fear of the ruling party over Jega’s neutrality or loyalty. He conducted the 2011 presidential election which won by Dr. Goodluck Jonathan. And he was so returned and declared. Regardless of the fear or anxiety of certain principalities it ought to made abundantly clear that Professor Jega is not a civil servant. His appointment is not at the pleasure of the President or the ruling party.

    A member of the Ogun State Judicial Council, Abayomi Omoyinmi said it would be absurd for the President to want to remove Jega. According to Omoyinmi, “Section 157 of the constitution is clear on grounds upon which any Chairman of bodies established by Section 153 of the Constitution which includes INEC may be removed by the President acting on an address supported by two-thirds majority of senate. Such grounds include inability to discharge the functions of the office or for misconduct”.

    Said Omoyinmi: “Jega cannot be removed from by the president unless it can be proved that he, Jega has been unable to discharge the function of his office arising from infirmity of mind or body.  Jega has not exhibited this neither can any misconduct offence prove so far against him in the course of his duties.

    “Any attempt to sack Jega based on terminal leave is illegal and unconstitutional because terminal leave is only applicable to core civil servants under the civil service rules and not definate tenure rule as in Jega’s case. The Federal Judicial Service Commission like INEC is one of the bodies listed under section 153 of the constitution. Can you then imagine if the Chairman of the Judicial Service Commission who is the Chief Justice of Nigeria is told to go on terminal leave before his tenure ends  at the statutory age of 70years”, he argued.

    A legal scholar Wahab Shittu said Jonathan removing Jega under the guise of retirement leave weeks to the election in which he is a contestant is like a team changing a referee before a football match kicks off.

    “My answer to that will be to draw an analogy. The president is a contestant in the forthcoming presidential election. He’s an interested party. If you likened that to two football teams who are competing, can one of the teams just before the game starts decide to send the referee on suspension or on leave?

    “The president cannot do that because he is in the race. If the president takes such a measure, it will be seen as a coup against the democratic process and a subversion of the will of the people.

    “I want to believe that it is a speculation. It is in the realm of conjecture. It is something that can never happen because the president will not ordinarily toil with the wishes and aspirations of the Nigerian people.

    “Jonathan cannot even ask Jega to proceed on leave without getting the support of two-thirds of the Senate. Again, every law derives it’s legitimacy from the will of the people. Nothing has been done by Jega to deserve any such treatment,” Shittu said.

    Former Chairman of the Nigerian Bar Association(NBA), Ikeja Branch, Monday Ubani said the President and the ruling party should know that they cannot employ civil service rules that are applicable to civil servants to ask Jega of INEC, whose appointment is tenured, to proceed on any terminal leave before disengagement. He argued that Jega of INEC is not an employee of the President for him to be removed in such a lackadaisical manner.

    “My submission is that neither the president nor any of his aides have the legal right to ask him to proceed on any terminal leave and they do not have the right to terminate or sack him without complying with the express provisions of the constitution that created the body of INEC in the first place”.

    According to him, the chairman of INEC can only be sacked by the president if has the consent and approval of at least two third majority of the members of the upper chambers(the senate) and the grounds must include that he the INEC chairman is unable to perform his constitutional duties which  grounds must be verifiable. The constitution of Nigeria is the supreme law of the land and it binds all authorities in Nigeria including the office of the president,

    “In fact the president swore to uphold the provisions of the constitution on the day he was sworn in. The president can be impeached if he refuses, fails and or neglect to uphold the provisions of the constitution. Therefore it is my belief that the president or any other person will not toy with the supreme law of the land by violating any of the sections especially the one that applies to INEC in an election year. The president has stated that he has no reason to tamper with the office of INEC chairman and we echo amen to that statement believing that the president of Nigeria will not lie to his citizens.

    He said the consequences of illegal removal of Jega from office will create unnecessary crisis in the country, the end of which nobody can fathom. Every political actor/actress is advised not to stress the foundation of this country which everyone knows is not very strong. Undue stress of the nation’s foundation could be catastrophic.

    Former Chairman, NBA Ikorodu, Kazeem Adebanjo, said: “Constitutionally, Jega cannot be sacked just by a stroke of the President’s pen.”  He hinged his position on Section 157 of the 1999 Constitution which, he said, prescribed the circumstances under which he can be removed from office. He noted that none of those reasons is applicable in his case. “It, therefore, beats one hollow to hear this rumour. Perhaps the APC predicated its suspicion on the antecedents of the President and his penchant for sidetracking the provisions of the law with impunity.”

     

  • Niger Delta ex-militants reject soldiers’ deployment for elections

    Niger Delta ex-militants reject soldiers’ deployment for elections

    Leaders of Niger-Delta Ex-militants have rejected any planned redeployment of soldiers for the elections.

    They have also declared that the March 28 and April 11 dates for the elections should remain “non-negotiable”.

    According to a statement, the ex-militants said: “We insist that elections must hold on March 28 and April 11 2015 as currently announced. We reject any further cancellation, postponement or rescheduling.

    “We inform that it is the failure to hold transparent, credible, free and fair elections on March 28 and April 11 2015 that may lead to chaos, insecurity and problems in the Niger Delta.”

    In the 10-point declaration issued yesterday, the ex-militants’ leaders said processes leading to the elections must be “credible, free and fair”.

    The statement was signed by 11 ex-militants, including General Boni (Burutu LGA), Smart Amola (Warri South-West), Francis Muturu (aka Gen. Aboy), Friday Edema (aka Ijagun 1), Alfred Aniretan (aka Field Marshal), and Sunday Amoma (aka Capone).

    Others are Gen. King Jerry, Gen Saturday Emmanuel, Gen Isie Ologbo, Commander Peter Asule (aka Gen Atseluwa, Warri-South), and Commander Mike Edesemi (aka Gen Blackman).

    The group insisted that INEC and its chairman, Prof. Attahiru Jega must be “genuinely” independent and allowed to conduct the elections without intimidations either from the federal government or the Nigeria Army.

    Dissociating themselves from pronouncements from some groups in the region that war would break out if any particular candidate loses, the group stated “We assure and promise that the Niger Delta will be peaceful and accept the result of transparent, credible, free, and fair elections that will occur on March 28 and April 11″.

    They condemned “statements or plans that convey the Niger Delta as being undemocratic or supporting one particular candidate exclusively”, noting that indigenes of the region could freely express their rights to associate with any party or candidate of their choice.

    Warning that deploying the army or intimidate/harrass indigenes of the region “prior to, during and after the elections” would be resisted and might lead to a breakdown of law and order”, the ex-militants insisted “We individually and collectively on behalf of our communities and people  solemnly sign this declaration and also put the country on notice that these demands are the only conditions for peace in the Niger Delta”.

  • The plot against Jega

    Prof Attahiru Jega, the Chairman of the Independent National Electoral Commission (INEC) is in the eye of a storm. According to the Peoples Democratic Party, the electoral umpire is cavorting with the opposition, and should resign. On the other side, the All Progressive Congress insists that it will be unfair to change a referee, in the middle of a match, just because one partyis afraid of losing the election. To distract the electorate, the INEC chair has become an object forodious attacks, even when those accusing him, are yet to present convincing evidence of the man’s partisanship.

    Prof Jega who conducted the highly regarded 2011 elections, stoically maintains his innocence, assuring all that he will rather resign that compromise his position. Those accusing him of compromise however continues to muddle up the process. The main plank of their argument is that states considered to be the stronghold of Buhari have collected more permanent voter cards than where Jonathan has more supporters. The Director-General of President Jonathan’s campaign, Ahmadu Ali, gave example of Bornu in the northeast, where the blood thirsty Boko Haram are reigning, but has collected more permanent voter cards than Lagos. But that argument is untenable, because Kano, an APC stronghold suffers similar faith with Lagos.

    Even the believe that President Jonathan of PDP has better chances in Lagos, than Gen. Buhari of APC,is not based on any empirical evidence. So, why all the fire directed at Prof Jega. Again, the PDP claims that Professor Jega had an untoward rendezvous with the APC in Dubia. In making this claim, the PDP did not bother with providing date, persons or agents of the party involved in this unholy alliance. Unless the proponents of this tale have facts to buttress their claim, it cannot amount to anything, but mere rumour.

    Another unfair cut against the Professor, is that because he is from the north, he has been coerced by the Emirs to unconscionably work to return Gen. Buhari, a fellow northerner, as the winner of the upcoming presidential election. The proponents of this argument have not mentioned instances of change in attitude by Jega, considering that he conducted the last presidential election in 2011, won by President Jonathan, against Gen. Buhari and other northern candidates. Again, there is no suggestion as to where and whenthe meeting took place, and those present.

    As the partisans recklessly trade claims as to the sincerity of Prof Jega and his election management body, the Nigerian electorate is left confused as to who to believe. Unfortunately, former President Obasanjo while rightly insisting that Professor Jega should not be sacked, gave himself away as a partisan, whose real intent, as the PDP claims, is even scarier.In his unstatesmanlike tantrums against President Jonathan and their party, the PDP; Obasanjo claimed that Jonathan is scheming against Jega and the electoral process, because he is afraid that an elected Buhari could send him to jail.

    Former President Olusegun Obasanjo went on to disingenuously ask Buhari to reassure Jonathan, as if the election has already been won and lost. I guess that if Jonathan should be scared about jail under Buhari, then Obasanjo too should;after all, while late President Yar’Adua presided, there was real fear that Gen. Obasanjo had many infractions to answer for. In his further interrogatories, former President Obasanjo rightly condemned the military intervention in the electoral process, but INEC also bears responsibility for allowing the initiative to slip away. Considering that INEC was not truly ready, it should have on its own, postponed the election for just about two or three weeks, instead of the lie that it was ready.

    Now with the valentine day presidential election truncated, President Jonathan,must like the Roman Emperor, Julius Ceasar, confront the Idesof March.If he is misguided to go for the legs again instead of the ball, that will be a second foul, and it will be fair to give him a red card. Never mind that INEC was insincere as to its readiness, the reason why the elections were shifted, is the one given by the security agencies, that they are not in a position to provide security, during the election. As President Jonathan duly acknowledged during his recent media chat and the cocktail with the diplomatic corps, no sensible person would accept the security bogey, to push forward the elections again.

    If President Jonathan is however persuaded to remove Professor Jega, at the risk of plunging our country into chaos, then he can only do so under section 157(1) of the 1999 constitution as amended, which requires the president to act “on an address supported by two-thirds majority of the Senate praying that he [Professor Jega] be so removed for inability to discharge the functions of the office….”Again if the President chooses that road to Golgotha, he must contend with the Supreme Court verdict in Bamgboye vs University of Ilorin, to wit “When an office or employment has a statutory flavour in the sense that its conditions of service are provided for and protected by stature…. In the matter of discipline of such a person, the procedure laid down by the applicable law must be fully complied with….”

    But for me, considering the good luck that came President Jonathan’s way, to thrust him up,first as vice president and then acting president; and the fact that against all odds, he won the 2011 elections as President, gifting him, six years as Nigeria’ president, it wouldbe silly and suicidal for him to agree to any unconstitutional conduct to hold on to power. While President Jonathan is entitled to enthusiastically seek a fresh term, if he chooses, it would amount to eternal foolishness, to play desperate games about that.