Mr Femi Falana, a Senior Advocate of Nigeria has said that with the appointment of a new Chairman for the Independent National Electoral Commission (INEC), the electoral body can now form a quorum to hold elections. He however said that President Muhammadu Buhari still has to fill 20 Resident Electoral Commissionership positions in the states; otherwise, this could have legal implications on the coming elections.
The National council of State on Wednesday, 21 October 2015, confirmed the of Prof. Mahmood Yakubu as Chairman of INEC; Mrs. Amina Bala Zakari as member representing North West; Dr. Antonia Taiye Okoosi-Simbile as Commissioner North Central; Alhaji Baba Shettima Arfo, from Borno as Commissioner representing North East; Dr, Mohammed Mustapha Lecky from Edo as Commissioner representing South South and Prince Soyebi Adedeji Solomon from Ogun representing South West. These are six appointments that will still be ratified by the Senate.
The calculation is this: In INEC, the 12 National Electoral Commissioners (two from a geo-political zone) and the Chairman (making 13) take decisions on elections and since Buhari has appointed six, a quorum has been formed. According to Falana, “five out of 13 form a quorum.” He added that since a quorum has been formed, the body can now take decisions on Kogi, Bayelsa and other elections the various tribunals will order.”
However, Falana cautioned that since 20 REC positions are still vacant, this could have legal implications if they are not filled. His reason: Some of the RECs were part of past rigging machines. In other words, when they preside over elections, their controversial pasts may be cited to invalidate the results of elections they preside over. However, while the tenure of some of the clean RECs could be renewed, new appointments can be made by the President.
Early this week, Falana raised an issue about the illegality of INEC (as it was then constituted) conducting elections. This was contained in an article he wrote, entitled “INEC not competent to operate with two national commissioners.” Some of the RECs’ tenures have expired.
In his words: “The five- year term of office of the national commissioners of INEC has since expired by effluxion of time. In the same vein, the term of office of over 20 Resident Electoral Commissioners has since expired… President Mohammadu Buhari ought to fill the existing vacancies in the INEC without any further delay. Otherwise, the results of the forthcoming governorship elections in Bayelsa and Kogi States as well as those of legislative elections in the various states of the Federation are liable to be set aside on account of the illegal composition of the INEC.”
Read the full article here: https://thenewsnigeria.com.ng/2015/10/inec-not-competent-to-operate-with-two-national-commissioners/