SERAP, BudgIT, 34 Others Sue Tinubu For Appointing APC Loyalists Into INEC

The Socio-Economic Rights and Account­ability Project (SERAP), BudgIT and 34 concerned Nigerians have filed a lawsuit against President Bola Tinubu over the appointment of at least 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 Senate has 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 the suit number FHC/L/CS/2353/2023 filed last Friday at the Fed­eral High Court in Lagos, 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.” ­

The plaintiffs are also seek­ing: “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).”

The plaintiffs are also seek­ing: “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.”

In the suit, the plaintiffs are arguing 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 effectiveness of citizens’ democratic rights.

“INEC ought to be the prima­ry guarantor of the integrity and purity of the electoral process. 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.

“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 clearly 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 the independence from direction or control, whether from the government or any other quarter. It must be accountable to the electorate, and act accordingly.”

The suit filed on behalf of the plaintiffs by their lawyers, Kolawole Oluwadare and An­drew Nwankwo, reads in part: “As public officers, President Tinubu and Mr. Godswill Ak­pabio are required to act in conformity with their oath of office and the letter and spirit of the Nigerian constitution 1999 (as amended).

“The nomination, confirma­tion and appointment of the alleged APC members as RECs for INEC is a breach of Section 6(4) of the Electoral Act 2022 and Section 156(1)(a) and Paragraph 14 of the Third Schedule of the 1999 Constitution.

“The United Nations Human Rights Committee has stated that states including Nigeria should establish independent electoral authorities to supervise the electoral process and to en­sure that elections are conducted fairly, impartially and in accor­dance with established laws and the International Covenant on Civil and Political Rights.

“The African Union’s Af­rican Charter on Democracy, Elections and Governance to which Nigeria is a state party also calls upon state parties to establish and strengthen inde­pendent and impartial nation­al electoral bodies responsible for the management of elec­tions.

“Those recently appointed as RECs and confirmed by the Senate include an individual who was formerly a member of the PDP before allegedly ‘de­camping’ to the APC and who served as the Chief of Staff to Mr. Godswill Akpabio when he was governor of Akwa Ibom State.”

Joined in the suit as defen­dants 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.

No date has, however, been fixed for the hearing of the suit.

Share

Leave a Reply

Your email address will not be published. Required fields are marked *