Jega alleged terminal leave, illegal - Falana, Ubani

0

Rights lawyers, including Mr. Femi Falana (SAN), insisted that President Goodluck Jonathan lacked the power to either sack Jega, or send him on a terminal leave. A former chairman of the Nigerian Bar Association, Mr. Monday Ubani, and Mr. Malachy Ugwummadu, also spoke to SUNDAY PUNCHin separate interviews.

They cited provisions of Section 158 of the constitution as providing that the INEC Chairman could only be sacked with the approval of two-third majority of the members of the Senate.

Falana also explained that Section 155 of the constitution conferred independence on the INEC chairman with immunity from any directive or influence from any person or authority.

The senior advocate said, “At his last presidential chat, the president gave the erroneous impression that he could hire and fire the chairman of INEC. With profound respect, that is not correct.

“By virtue of Section 155 of the constitution, the INEC chairman has a renewable five-year tenure. The appointment and removal has to be by the resolution of no less than a two-third majority of the Senate.

“Before the resolution is passed, the President will need to address the Senate and justify the reasons on the need to remove the INEC chairman on account of his inability to discharge his duties.

“On the issue of sending Jega on terminal leave, the President has no power to do that because once appointed, the INEC chairman is not subject to the control or directive of any power or authority by virtue of Section 158 of the constitution.”

On his part, Ugwummadu, said beyond the constitutional provisions conferring immunity against undue influence on the INEC chairman, Nigerians were paying close attention to any plot to remove the INEC boss.

He said, “The idea of sacking Prof. Attahiru Jega has been making the rounds and should be watched carefully just as we have remained circumspect regarding the further shift of the elections.”

Ubani threatened to personally lead a “nationwide crusade” against the President should there be any attempt by his administration to remove Jega, having earlier publicly promised that he (President Jonathan) had no such intention.

In the same vein, the President, Nigeria Voters Assembly, Mashood Erubami, the Nigeria Voters Assembly condemned the alleged move to ask Jega to go on terminal leave.

The group in a release signed by its President, Mr. Mashood Erubami, strongly warned that the removal of Jega would show that the Federal Government had a hidden agenda.

Viewed 1 times
Jega alleged terminal leave, illegal - Falana, Ubani