February 26, 2015 by Sunday
INEC Chairman, Prof. Attahiru Jega
Members
of the All Progressives Congress in the senate, on Thursday raised the
alarm of a fresh plot by the Federal Government to allegedly prevent the
Chairman, Independent National Electoral Commission, Prof Attahiru
Jega, from superintending over the forthcoming general elections.
The senators led by the Leader of the opposition in the upper
chamber, Senator George Akume, while addressing a news conference in
Abuja said they heard from a reliable source that the Head of Service
would direct Jega to proceed on his pre-retirement leave next week.
Akume said, “We have received information from a very credible source
that next week, the Chairman of INEC will be given a letter from the
office of the Head of the Civil Service directing him to proceed on
terminal leave.
He alleged that federal government was trying to use a circular from
the Head of the Civil Service of the Federation dated 11th August, 2010
to place Jega on compulsory pre-retirement leave.
“Whether the letter emanates from the HOS office or the Secretary to
the Government of the Federation, it does not make sense. Even if we go
by the terms of the civil service circular of the 11th of August, 2010,
it is not applicable whatsoever to the INEC chairman.
Akume explained that the circular, with reference number
HCSF/CMO/1772/TI/11, was talking about clarifications on pre-retirement
leave, which is only applicable to tenured officers who are career
civil servants.
He said anyone who had spent 30 years in service or had attained 30
years of age is bound to disengage officially from the service which did
not apply to Jega.
Akume said Jega’s offense was that he was ready to conduct the
election when the Peoples Democratic Party controlled federal government
was not ready.
He insisted that using the issue of card readers to discredit Jega
will not work because the National Assembly appropriated money for that
purpose and the sensitive items had been acquired.
He said, “We want a credible election but in a situation where we
are being informed that because the postponement of the election
attracted no reaction from the people, Jega could be removed and a
person who will do the bidding of the government be planted, doesn’t
hold water.
“You can not start a game which is about to end, and suddenly you
want to change the goal post. You don’t want a referee that is fair to
all so as to subvert the whole system for sinister or personal purposes.
“We will continue to say no to impunity. We will continue to say no
to any attempt to undermine the credibility of the forthcoming election.
“We therefore want to appeal to Nigerians to be steadfast, to keep
watch so that their labour will not be in vain. If Ghana and other
countries got it right, Nigeria can also get it right.”
“We are opposed to the removal of Jega because it is criminal,
illegal and unconstitutional. They want to remove him through the back
door.”
Akume maintained that President Goodluck Jonathan reserved the right
to remove Jega but that he could not unilaterally do so without seeking
the permission of the National Assembly through a two-third majority.
He added that Jonathan does not also, have the legal powers to suspend the INEC boss under whatever guise.
He said, “Section 157(1) clearly states that the president can only
remove Jega with the vote of 2/3 majority of all senators. Under
whatever guise Whether suspension, retirement or voluntary leave, he
cannot be removed.
” Section 157 (1) of the 1999 Constitution (as amended), the
President cannot remove the INEC Chairman from office without getting
approval of the Upper Chamber.
“Section 157 (1) of the constitution reads: “…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-third
majority of the Senate praying that he be so removed for inability to
discharge the functions of the office”.
The senators reiterated their opposition to the clearance of Senator
Musiliu Obanikoro as minister at the senate and the deployment of
soldiers for elections.
Giving further clarification on the fate of Obanikoro, Spokesperson
of the group, Senator Babafemi Ojudu, said the position of the
opposition senators is that the ministerial nominee was not qualified to
hold public office.
He said, “We are going to oppose that, and the three senators from
Lagos have written to Mark opposing that. Obanikoro is not qualified to
hold public office based on his antecedent and a case which will be
coming up on March 6 in Lagos.
“When any case is in court under our rules, the senate president
will use his power to ensure that it is not brought before the senate.”