Members of the All Progressives Congress, APC, in
the Senate have raised the alarm over an alleged
fresh plot by the Federal Government to prevent
the Independent National Electoral Commission,
INEC, Chairman, Prof. Attahiru Jega, from
conducting the forthcoming general elections.
The APC senators, led by George Akume, disclosed
this in a news conference in Abuja on Thursday.
They said a reliable source informed them that the
Head of Service would direct Jega to proceed on his
pre-retirement leave next week.
“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 to proceed on a terminal leave,” they
said.
According to the APC Senators, the Federal
Government was trying to use a circular from the
HoS dated August 11, 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 August
11, 2010, (it) is not applicable whatsoever to the
INEC chairman,” they said.
The APC lawmakers said that the circular, with
reference number HCSF/CMO/1772/TI/11, talks
about clarifications on pre-retirement leave, which
is only applicable to tenured officers who are career
civil servants.
They explained that anyone who has spent 30
years in service or has attained 60 years of age
was bound to disengage officially from the service,
adding that the case of Jega, however, did not fall
into any of these categories.
The lawmakers alleged that Jega’s offence was his
readiness to conduct the elections when the
Peoples Democratic Party-controlled Federal
Government was not ready for it.
They also stated that using the issue of card
readers to discredit Jega would not work because
the National Assembly appropriated money for that
purpose.
They said, “We want a credible election but in a
situation where we are being informed that because
the postponement of the elections attracted no
reaction from the people, Jega could be removed
for a plan-less person who will do the bidding of
the government, doesn’t hold water.
“You cannot start a game which is about to end and
suddenly you want to change the goalpost. You
don’t want a referee that is fair to all. You want to
have someone who will subvert the whole system
for sinister, 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 elections.
“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 can get
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, however, said 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-thirds majority.
The APC lawmakers also stated clearly that
Jonathan lacked the legal powers to suspend the
Jega under whatever guise.
They 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-thirds majority of the Senate,
praying that he be so removed for inability to
discharge the functions of the office.”
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