The Centre for Media and Society (CEMESO), Centre for Journalism, Innovation and Development (CJID) Civil Society Legislative Advocacy Centre (CISLAC), CLEEN Foundation and 12 other civil society organizations have written a petition against the nomination nomination of Messrs Etekamba Umoren (Akwa Ibom) and Isah Shaka Ehimeakne (Edo) as Resident Electoral Commissioners of the Independent National Electoral Commission (INEC).

The organizations argued that the two men are not qualified for appointment as Resident Electoral Commissioners “as they are deeply involved in partisan politics contrary to the requirements of section 156(1) and Third Schedule, Part 1, Item F, paragraph 14 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered).”

 

See the details in the petition below:

PETITION AGAINST THE NOMINATION OF MESSRS. ETEKAMBA UMOREN (AKWA IBOM) AND ISAH SHAKA EHIMEAKNE (EDO) AS RESIDENT ELECTORAL COMMISSIONERS OF THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

1^st November 2023

The President of the Nigerian Senate National Assembly

3 Arms Zone, Abuja Federal Capital Territory

ATTENTION:

The Chairman,

Senate Committee on the Independent National Electoral Commission National Assembly

Abuja

Dear Distinguished Senator,

 

Dear Mr. President,

PETITION AGAINST THE NOMINATION OF MESSRS. ETEKAMBA UMOREN (AKWA IBOM) AND ISAH SHAKA EHIMEAKNE (EDO) AS RESIDENT ELECTORAL COMMISSIONERS OF THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)

Introduction

1. On Wednesday, 25 October 2023, President Tinubu nominated ten Resident Electoral Commissioners to the Independent National Electoral Commission (INEC) pursuant to the powers vested on the President by Section 154 (1) of the Constitution of the Federal Republic of Nigeria 1999 (As Altered) and Section 6 of the Electoral Act 2022. The ten nominees are from Akwa Ibom, Edo, Ekiti, Gombe, Kwara, Lagos, Nasarawa, Niger, Rivers, and Zamfara States to replace ten Resident Electoral Commissioners of INEC whose tenures have elapsed.

 

2. Etekamba Umoren was nominated from Akwa Ibom State, and Mr. Isah Shaka

Ehimeakne from Edo State are among the ten nominees

 

Grounds of the Petition

3. President, Messrs. Etekamba Umoren and Isah Shaka Ehimeakne are not qualified for appointment as Resident Electoral Commissioners of INEC as they are deeply involved in partisan politics contrary to the requirements of section 156(1) and Third Schedule, Part 1, Item F, paragraph 14 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered).

 

4. The Constitution makes non-partisanship a mandatory requirement for appointment as a Resident Electoral Commissioner of the INEC. The Constitution of the Federal Republic of Nigeria, in section 156(1)(a), clearly prohibits the appointment of any member of a political party as a member of INEC. To further ensure the neutrality of the members of INEC, the Constitution mandates in the Third Schedule, Part 1, Item F, paragraph 14 (1) that a Resident Electoral Commissioner shall be non-partisan and a person of unquestionable integrity. Messrs. Etekamba Umoren and Isah Shaka Ehimeakne are not only members of the ruling All Progressives Congress (APC) but have publicly declared their membership and campaigned for the party wearing attires of the party at campaigns and public events.

Facts in support of the Grounds of Petition against Mr. Etekamba Umoren

5. Etekamba Umoren, is believed to be a card-carrying member of the All Progressives Congress (APC) served as an aide to the current President of the Senate, Dr. Godswill Akpabio, when he was the Governor of Akwa Ibom State. He also served the Chief of Staff to the President of the Senate when he was the Minister of Niger Delta Affairs.

 

6. Etekamba Umoren, then a card-carrying member of the Peoples Democratic Party (PDP) had served as Chief of Staff Government House, under the administration of Dr. Godswill Akpabio as Governor of Akwa Ibom State. Similarly, upon assumption of office of Governor of the state in 2015, Governor Emmanuel Udom appointed Mr Etekamba Umoren as the Secretary to the State Government (SSG), still being a member of the PDP.

 

7. Etekamba Umoren’s deep involvement in partisan politics is a matter of public knowledge as he publicly defected, along with his boss, Dr. Godswill Akpabio, from the Peoples Democratic Party (PDP) to the APC in 2018. The Video Clip of this defection is available at …… Photographs of Mr. Etekamba Umoren in APC attires while attending the party’s campaign rallies and media report of his defection are attached and marked as “Annexure 1”.

 

8. Etekamba Umoren’s partisanship was also publicly displayed in March 2019 following the outcome of the General Elections where INEC declared Dr. Chris Ekpenyong of the PDP winner Akwa Ibom North-West Senatorial District election. Following the declaration and return of Dr. Chris Ekpenyong, Mr. Etekamba Umoren challenged the integrity of INEC and openly accused the commission of manipulating the election against Dr. Godswill Akpabio of the APC. The Vanguard Newspaper quoted Mr. Umoren as follows: “Everybody is saying that Senator Akpabio won the election, except INEC. There is (sic) incontrovertible evidence to prove that Akpabio won the election. Results collated from the field showed that Akpabio won in all 11 Essien Udim Local Government wards. But where APC won, results were cancelled.”. In his brazen show of partisanship, Umoren disparaged INEC as an institution, which is obvious above. If appointed, such a person will bring contempt, levity and disdain to INEC. This avalanche of evidence clearly discloses that Mr. Umoren is partisan, politically aligned, and a member of the ruling party, thereby rendering him constitutionally ineligible for appointment as a Resident Electoral Commissioner. The relevant portion of the Vanguard newspaper of March 28, 2019, online version of which is available at https://www.vanguardngr.com/2019/03/akpabioll-reclaim- mandate-umoren/ , is hereto attached and marked as “Annexure 2”.

 

9. Apart from partisanship and membership of a political party, Mr. Etekamba Umoren is further disqualified on the ground of questionable integrity. The media is awash with reports of Mr. Umoren’s alleged involvement in embezzlement of N22 billion. According to a report by Foundation for Investigative Journalism (FIJ) of October 27, 2023, titled “APC Supporter Accused of N22bn Theft Among New RECs Appointed by Tinubu”, Mr. Umoren’s integrity is questionable as he has been accused of embezzling, along with others, no less than N22 billion in 2015. This is a fundamental disqualifying factor which renders Umoren ineligible for appointment as a Resident Electoral Commissioner of the INEC. A copy of the FIJ report which is available at https://fij.ng/article/apc-supporter-accused-of-n22bn-theft-among-new-recs- appointed-by-tinubu/ is attached and marked as “Annexure 3”.

Facts in support of the Grounds of Petition against Mr. Isah Shaka Ehimeakne

 

10. Isah Shaka Ehimeakne of Edo State is believed to be a card-carrying member of the APC, who is engaged in partisan politics both online and offline. Prior to his appointment as a Resident Electoral Commissioner, his Facebook page in his name, Isah Shaka, embarked on campaigns for the APC and its candidates. This depicts his partisanship which disqualifies him from appointment as a Resident Electoral Commissioner that requires neutrality and non-partisanship in line with the constitutional provisions cited above. Screenshots of his Facebook posts showing support for the APC and its candidates are attached and marked “Annexure 4”

 

11. Isah Shaka Ehimeakne also suffers a deficit of integrity for appointment as a Resident Electoral Commissioner. This is because within 24 hours after the announcement of the appointments, he quickly deleted his Facebook account where he had displayed open partisanship in his support for the APC. This is a calculated attempt to deceive and mislead Nigerians. A sensitive office like this should not be entrusted to persons who possess such character traits. That is why the Constitution specifically provides that only persons of unquestionable integrity are appointed into the INEC.

 

12. Given the antecedents of Messrs. Etekamba Umoren and Isah Shaka Ehimeakne, it is highly unlikely that they will remain neutral and objective if appointed as INEC’s Resident Electoral Commissioners. We contend that their appointment will greatly undermine the neutrality and impartiality of the Commission and it will increase mistrust in the INEC and Nigeria’s electoral process. By the combined effect of Section 156 (1)(a) and Third Schedule, Part 1, Item F, paragraph 14 (1), Messrs. Etekamba Umoren and Isah Shaka Ehimeakne are constitutionally prohibited from any appointment as a member of the electoral umpire. It is against the sacred spirit of our Constitution to appoint them into such sensitive offices that go to the root of democracy in Nigeria.

 

13. In upholding the Constitution of the Federal Republic of Nigeria 1999 (As Altered) regarding the sanctity of the Independent National Electoral Commission, the Senate has set precedents which are worthy of emulation. In December 2019, the Senate stood down the nomination of Mr. Olalekan Raheem of Osun State as a Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) on the grounds that he was a card-carrying member of the APC. Mr. Olalekan Raheem’s case is on all fours with the cases of Messrs. Etekamba Umoren and Isah Shaka Ehimeakne. Presented with these facts, we the undersigned groups and civic leaders urge you to uphold the sanctity of the Constitution of the Federal Republic of Nigeria, neutrality of INEC and the sacredness of the electoral process in Nigeria.

 

Prayers

To this end, we, the undersigned, implore you to use your good office to: –

1. Completely reject the nomination of Etekamba Umoren nominated from Akwa Ibom State, and Mr. Isah Shaka Ehimeakne from Edo State as Resident Electoral Commissioners into the Independent National Electoral Commission (INEC);
2. Urge President Tinubu to withdraw their nomination in the public interest and in furtherance of his commitment to ensuring a truly independent electoral institution that enjoys the trust and confidence of citizens and electoral stakeholders;
3. Request President Tinubu to uphold the federal character principle in re-nominating a non- partisan, neutral, and competent Nigerian to represent the south-south region as INEC National Commissioner;

 

4. Also, request the President to uphold the principle of diversity by ensuring gender inclusion in the nomination of non-partisan and competent Nigerians as INEC National Commissioners;

 

5. Ensure that members of the Independent National Election Commission are individuals with impeccable character, unquestionable neutral inclinations, and competence;

 

6. Ensure proper scrutiny and due diligence are exercised in the confirmation of nominations to the Independent National Electoral Commission (INEC); and

 

7. As custodians of the Nigerian constitution, the Senate should ensure that the principle of Federal Character is protected to guarantee inclusiveness and promote national unity amongst Nigerians.

 

We hope our petition will be entertained, considered and granted. Kindly accept the assurances of our esteemed regards.

 

Signed:

1. Centre for Media and Society (CEMESO)
2. Centre for Journalism, Innovation and Development (CJID)
3. Civil Society Legislative Advocacy Centre (CISLAC)
4. CLEEN Foundation
5. Elect HER
6. Enough is Enough
7. International Press Centre (IPC)
8. Inclusive Friends Association (IFA)
9. Justice, Development and Peace Makers Centre (JDPMC), Osogbo
10. The Kukah Centre
11. The Electoral College
12. The Electoral Hub
13. Nigeria Women’s Trust Fund (NWTF)
14. Partners for Electoral Reform
15. TAF Africa
16. Women Advocate Research & Documentation Centre (WARDC)
17. Yiaga Africa

 

Petitioner contact info:

c/o Yiaga Africa

Plot 54 Cadastral Zone, Idu, Karmo – Abuja

+234 803 622 6644, +234 810 321 6621

info@yiaga.org