When I instituted
legal action before the Federal High Court, in 2010 (Suit Number: FHC/L/CS/867/2010),
challenging the legitimacy and constitutionality of the appointment of Mohammed
Attahiru Jega (‘the Saint’) as Chairman of Nigeria’s Independent National
Electoral Commission (INEC), some commentators had not appreciated the need to
ensure propriety, legality and adherence to laid down rules in the conduct of
our national affairs.
As we
proceed towards the 2015 general elections, our polity will soon begin to face the hefty price associated with founding entire political institutions on
fraud.
My suit
challenging The Saints appointment had been based on very clear provisions of
the 1999 Constitution of the federal Republic which had provided in its Section
156(1){a} that whosoever is appointed as a member of the INEC Board, such as
The Saint, had to have the qualities of a member of the Federal House of
representatives. One of these qualities, as contained in Section 65(2){b} of
the same Constitution, is membership of a political party!
Prior to
instituting the action, I had upon the nomination of The Saint by President
Jonathan, and prior to his appearance before The Senate of the Federal Republic
for confirmation, written to the Senate President, David Mark, informing the Senate
of the unconstitutionality of confirming The Saints appointment without an
amendment to the Nigerian Constitution.
In his reply
to my correspondence, The Senate President acknowledged the issues raised and stated
an intention to address the anomaly.
The
provision of the Constitution I highlighted was duly amended by the Senate and the House of Representatives.
Unfortunately,
The Saint’s nomination was confirmed and he was sworn into office as INEC
Chairman, long before the Constitutional amendment was either effected or came
into force. As at the date of his confirmation and swearing into office, The
Saint was not qualified to be a member of the INEC Board!
Again, I wrote
to The Senate, urging the need for a fresh appointment, confirmation and
swearing into office of The Saint, to ensure compliance with the law.
This second
correspondence was not heeded – thus prompting the suit.
In a
desperate bid to obviate the law, one of the really interesting and dubious
issues raised by The Saint, through his counsels, was that I had not gone
through the Membership Register of all 62 Political Parties to confirm if
indeed he, The Saint, did not belong to any one of them!
In the words of The Saint contained in a sworn affidavit and made without any iota of shame or remorse:
In the words of The Saint contained in a sworn affidavit and made without any iota of shame or remorse:
“The Paragraph 13
of the Plaintiff’s affidavit is mere self opinion of the applicant who never saw the
register of all 62 registered political parties’ currently in Nigeria and non of
the 62 political parties has supported the speculation of the applicant (me) that
the 4th respondent (The Saint) was not a member of a political party”
Without
addressing the legitimacy and constitutionality of The Saints appointment to
the Office of INEC Chairman, The Honorable Justice Mohammed Liman of the Federal
High Court, Lagos, before whom the action was heard, in a judgment which was
delivered after 6:00 pm. (long after official closing hours in Nigeria) ruled
that a Nigerian who was interested in the governance of his country lacked
sufficient interest to question the legality and constitutionality of umpires
of the electoral system. In other words, that I had no 'locus standi' to challenge unconstitutionality in the nomination of The Saint!!
A basic
principle of life remains that ‘you cannot build legality on illegality’ or 'something on nothing'. If
The Saints initial appointment is unconstitutional, does that affect all his
actions thus far?
Apparently
buoyed by his seeming invincibility from Constitutionalism and the Law, The
Saint has handled his Office with the least regard to the Constitution and the
rule of law. From issues of financial propriety and accountability, to staff
enhancement and welfare, The Saint, in his management of our electoral affairs
apparently perceived the Federal High Court judgment mentioned above, as making
him a law unto himself.
Mohammed Attahiru Jega's (The Saint's) latest acts of ‘de-registration’ of political parties, in flagrant violation of
prior Supreme Court judgments upholding the right of Nigerians to form
political associations and the flagrant contempt and irrationality behind the
proffered reason for rejecting the registration of the African Peoples Congress
(APC) only points to the fact that as we ready ourselves for the 2015 general
election in Nigeria, if we do indeed get there, we have to gird our loins for what will surely be one hell
of a ride!
Picture: Mohammed Attahiru Jega,(The Saint) Chairman INEC
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