Independent National Electoral Commission, INEC, Prof. Attahiru Jega
may be removed before his tenure expires on June 13, members of the
All Progressives Congress,APC, in the House of Representatives,
Tuesday, said President Goodluck Jonathan has no such powers to remove
the apex electoral body boss.
Some of the APC lawmakers who spoke to Vanguard unanimously condemned
the alleged move as President Jonathan does not have such
constitutional powers to effect such a change.
It can be recalled that immediately after Jega announced the
postponement of the 2015 elections, the social media was awash with
stories that Jega was forced to postpone the election to pave way for
the presidency to remove him from office.
Also prominent elder statesman, Chief Edwin Clark in different fora
had repeatedly call for the removal of Jega.
But today, APC Representatives in a chat with Vanguard declared that
any attempt by the presidency to remove Jega would be resisted citing
relevant sections of the constitution to buttress their points.
"Jega is not a civil servant-Minority Leader, Femi Gbajabiamila, APC,
Surulere Federal Constituency, Lagos
Gbajabiamila in his reaction said" personally I do not consider the
Chairman of INEC as a civil servant subject to our civil service rules
same way I am not a civil servant".
"There is a difference between a civil servant and a public servant or
officer. INEC and its chairman are a creation of the constitution.
Their operations and regulations are as provided under sections 156
and 160 of the constitution".
"Which specifically says only INEC has the powers to regulate its own
procedures and cannot be subject to approval or control of the
president or any other authority thereby establishing its
independence".
He further explained that "furthermore terminal leave is a form of
removal, however,you slice or cut it and section 157 of the
constitution is very clear that the INEC chairman's removal can only
be initiated by two thirds of the senate and not by the president.
"The question of who is a civil servant is answered in section 171 of
the constitution and the chairman of INEC is not included.
--Vanguard
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