Tinubu Faces Legal War Over Appointment Of APC Loyalists As INEC Officials

A Lagos-based rights group, Socio-Economic Rights and Accountability Project (SERAP), BudgIT and 34 concerned Nigerians, have instituted a legal action against President Bola Ahmed Tinubu, over the appointment of no fewer than four members of the All Progressives Congress (APC) and allies of high-ranking politicians as new Resident Electoral Commissioners (RECs) for the Independent National Electoral Commission (INEC).

The suit was filed before a Federal High Court, Ikoyi, Lagos through their counsel, Kolawole Oluwadare.

It would be recalled that the upper legislative chamber of the National Assembly had confirmed the appointment of seven out of 10 newly appointed RECs for INEC. 

The alleged APC members appointed as RECs include those from Akwa Ibom, Edo, Lagos, and Rivers states.

In their suit marked FHC/L/CS/2353/2023, the Plaintiffs are seeking: “an order setting aside the nomination, confirmation, and appointment of the alleged APC members as RECs for INEC, for being unconstitutional, unlawful, null, void and of no effect.

“An order of mandamus to compel President Tinubu, and Senate President, Mr Godswill Akpabio, to remove the alleged APC members as RECs for INEC, in line with Section 157 of the Nigerian Constitution 1999 [as amended].

“An order of mandamus to direct and compel President Tinubu to appoint qualified Nigerians who are persons of unquestionable integrity and a non-member of a political party or loyalist to the positions of RECs for INEC, in line with Paragraph 14(3)(b)(c), Third Schedule and Section 156 of the Nigerian Constitution.”

According to the legal action, the Plaintiffs are contending that the status, powers, independence of INEC, and the impartiality with which it acts and is seen to be allowed to act, are fundamental to the integrity of Nigeria’s elections and the effectiveness of citizens’ democratic rights.

In suggesting that the electoral body ought to be the primary guarantor of the integrity and purity of the electoral process, the Plaintiffs insisted that President Tinubu and the Senate have the constitutional responsibilities to ensure both the appearance and the actual independence and impartiality in the nomination and confirmation of INEC top officials.

In the contention of the Plaintiffs, “The credibility and legitimacy of elections depend mostly on the independence and impartiality of those appointed to manage the process. Without an independent and impartial INEC, the democratic rights of Nigerians would remain illusory.

“Anyone to be appointed as RECs for INEC must be non-partisan, independent, impartial and neutral. INEC officials ought to be able to discharge their legal duties and implement the Electoral Act without fear or favour.

“Nigeria’s electoral body must enjoy independence from direction or control, whether from the government or any other quarter. It must be accountable to the electorate, and act accordingly.”

The Defendants in the suit are INEC, Mr Godswill Akpabio, for himself and on behalf of the Senate, and Messrs Etekamba Umoren, Isah Shaka Ehimeakne, Anugbum Onuoha, and Bunmi Omoseyindemi.

As of the time of filing this report, no date has been fixed for the hearing of the suit.

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