Saturday, 14 February 2015 21:11.
Written by e-Reporter.
INEC Chairman, Prof. Attahiru Jega
President Goodluck Jonathan, at the recent media chat, said he was vested with the constitutional power to sack Chairman of the Independent National Electoral Commission (INEC) Prof. Attahiru Jega.
He said “I appointed him. If I feel he is not doing well, there are constitutional provisions on how to remove him, but I have not even contemplated it. I have never thought about removing the INEC Chairman, though I have the constitutional power to do so.”
But, disclosures by the Nigeria Civil Society Situation Room, faulted the claim by President Goodluck Jonathan.
Speaking for the group made up of lawyers and civil rights activists, Clement Nwankwo, argued that the INEC, not being a civil service institution, was not subject to both the civil service rules and the control of the Head of the Civil Service of the Federation.
Nwankwo said, “The Constitution (Section 157) is very clear on the appointment of the Chairman and members of INEC.
“The President makes the nomination, he sends it to the Senate and the Senate votes to confirm it. Once a nominee is confirmed by the Senate, the person remains in office until the last date, amounting to five years of his tenure.
“Such a person can only be removed by the Senate, voting on a two-third majority. Outside of that, the President has absolutely no powers to suspend, to ask a Commissioner or Chairman to proceed on a pre-retirement leave, or to remove them under any circumstance. Any purported removal would be a constitutional violation for which the President could be impeached.”
“Apart from the constitutional question, the President, for the integrity of the electoral process, should be quite wary about what he says. It is important that the President realizes that INEC is a special body because of the special nature of its activities. And, the President is now a party in the electoral contest. So, he should be wary about the kind of things he says concerning the umpire in the election in which he is a participant. (Leadership)
Source: #Ereporters News.News.
Monday 16 February 2015
DOES THE PRESIDENT HAVE CONSTITUTIONAL POWER TO SACK JEGA?
Saturday, 14 February 2015 21:11.
Written by e-Reporter.
INEC Chairman, Prof. Attahiru Jega
President Goodluck Jonathan, at the recent media chat, said he was vested with the constitutional power to sack Chairman of the Independent National Electoral Commission (INEC) Prof. Attahiru Jega.
He said “I appointed him. If I feel he is not doing well, there are constitutional provisions on how to remove him, but I have not even contemplated it. I have never thought about removing the INEC Chairman, though I have the constitutional power to do so.”
But, disclosures by the Nigeria Civil Society Situation Room, faulted the claim by President Goodluck Jonathan.
Speaking for the group made up of lawyers and civil rights activists, Clement Nwankwo, argued that the INEC, not being a civil service institution, was not subject to both the civil service rules and the control of the Head of the Civil Service of the Federation.
Nwankwo said, “The Constitution (Section 157) is very clear on the appointment of the Chairman and members of INEC.
“The President makes the nomination, he sends it to the Senate and the Senate votes to confirm it. Once a nominee is confirmed by the Senate, the person remains in office until the last date, amounting to five years of his tenure.
“Such a person can only be removed by the Senate, voting on a two-third majority. Outside of that, the President has absolutely no powers to suspend, to ask a Commissioner or Chairman to proceed on a pre-retirement leave, or to remove them under any circumstance. Any purported removal would be a constitutional violation for which the President could be impeached.”
“Apart from the constitutional question, the President, for the integrity of the electoral process, should be quite wary about what he says. It is important that the President realizes that INEC is a special body because of the special nature of its activities. And, the President is now a party in the electoral contest. So, he should be wary about the kind of things he says concerning the umpire in the election in which he is a participant. (Leadership)
Source: #Ereporters News.News.
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