Human rights lawyer Femi Falana, SAN has faulted the nomination of Mrs. Lauretta Onochie, an aide to President Buhari from Delta State as a member of the Independent National Electoral Commission (INEC).
In a statement signed on Tuesday, hours after the President
announced the nomination, Mr. Falana listed some criteria provided in the
Constitution to determine who is fit for the position.
One of the criteria included the fact that members must not be
partisan – a rule which he says Mrs Lauretta is not compliant with.
He described her as an “unrepentant member” of the ruling party
and one who has “consistently attacked members of other political parties.
“To that extent, she is partisan and therefore, not qualified to
be a member of the Independent National Electoral Commission,” Falana said.
President Buhari is seeking confirmation of Mrs Lauretta’s
appointment as a National Commissioner for INEC, representing Delta State.
He made this known in a letter written to the Senate on Tuesday,
which was later read by Senator Ahmed Lawan at plenary.
The President is also seeking confirmation of the appointment of
three other; Professor Mohammed Sani (Katsina); Professor Kunle Ajayi (Ekiti),
and Seidu Ahmed (Jigawa).
Falana’s full statement:
MEMBERS AND SUPPORTERS OF
POLITICAL PARTIES ARE NOT QUALIFIED TO BE INEC COMMISSIONERS
In view of the desire of President Muhammadu Buhari to fill some
vacancies in the Independent National Electoral Commission it has become
pertinent to draw the attention of the Council of State and the Senate to the
following provisions of the Constitution:
1. In appointing the members of the INEC the President is
required to consult with the Council of State pursuant to section 154 (3) of
the Constitution;
2. Paragraph B of Part 1 of the 3rd Schedule to the Constitution
provides that “The Council of State shall have power to advise the President in
the exercise of his powers with respect to (iv) the Independent National
Electoral Commission including the appointment of the members of the
Commission.
3. Pursuant to section 154 (1) of the Constitution, the
appointment of the members of the Independent National Electoral Commission
shall be subject to confirmation by the Senate;
4. Paragraph 14 of Part 1 of the Third Schedule to the
Constitution as amended by Section 30, Act No 1 of 2010, a member of the
Independent National Electoral Commission “shall be non-partisan”.
From the foregoing, it is crystal clear that a card-carrying
member of a registered political party or a well known supporter of a particular
political party is constitutionally disqualified from the membership of the
Independent National Electoral Commission. As an unrepentant member of the
ruling party Mrs. Loretta Onochie has consistently attacked members of other
political parties. To that extent, she is partisan and therefore not qualified
to be a member of the Independent National Electoral Commission.
Femi Falana SAN
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