President Muhammadu Buhari has been provided reasons to
remove the name of his special assistant on social media, Lauretta Onochie from
the list of Commissioners of the Independent National Electoral Commission,
INEC.
Frontline human rights lawyer, Femi Falana, SAN, listed
reasons the appointment of Onochie as INEC Commissioner should not stand.
Falana, in a statement he made available to reporters on
Tuesday, pointed out that Onochie, as a card-carrying member of the ruling
party, or any other registered political party, was not qualified for such a
role.
Recall that the controversial presidential aide, who hails
from Delta State, was named alongside three others for confirmation by the
Nigerian Senate in line with the laws that set up the electoral umpire.
Part of the letter was read by the Senate President, Ahmed
Lawan on Tuesday at the plenary.
And Falana, looking at the criteria provided in the
constitution to determine who was fit for the position, faulted the nomination
of Onochie, who according to him, has been active in attacking members of the
opposition.
Falana pointed out that as a Commissioner of INEC, one must
not be partisan, a rule which he says the presidential aide was not compliant
with.
He said, “In view of the desire of President Muhammadu Buhari to fill some vacancies in the Independent National Electoral Commission, it has become pertinent to draw the attention of the Council of State and Senate to the following provisions of the constitution.”
The senior lawyer noted that it is required of Buhari or any
other President to consult with the council of states before appointing the
members of the electoral commission pursuant to section 154 (3) of the
constitution;
“Paragraph B of Part 1 of the 3rd Schedule to the
constitution provides that ‘The Council of State shall have power to advise the
President in the exercise of his powers with respect to (iv) the Independent
National Electoral Commission including the appointment of the members of the
commission,” said the Senior Advocate of Nigeria.
“Pursuant to section 154 (1) of the constitution, the
appointment of the members of the Independent National Electoral Commission
shall be subject to confirmation by the Senate.
“Paragraph 14 of Part 1 of the third Schedule to the
constitution as amended by Section 30, Act No 1 of 2010, a member of the
Independent National Electoral Commission ‘shall be non-partisan,'” he said.
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