Falana: List of REC Nominees Constitutionally Defective

*Asks Buhari to comply with 35% affirmative action for women 

*HEDA: INEC’s inconsistency threat to elections 

Adedayo Akinwale in Abuja and Wale Igbintade in Lagos

Human rights lawyer, Mr. Femi Falana yesterday called on President Muhammadu Buhari to withdraw the controversial nomination of four Resident Electoral Commissioners (RECs) from the Senate and ensure that the nominees were investigated by relevant security agencies.  

According to Falana the nomination of four out of the names of those forwarded to the Senate as RECs violated Section 154(1) of the constitution.
The statement by the Senior Advocate of Nigeria (SAN), came just as the Human and Environmental Development Agenda (HEDA) has warned that the inconsistency of INEC was a threat to the 2023 elections.

Falana in the statement titled “List of REC Nominees is Constitutional Defective,” stated that aside constitutional infractions, the list of the nominees had also been challenged on the ground that some of them were card-carrying members of the ruling party.

He stated that at least two of nominees had been alleged to be under investigation for serious electoral malpractice and should be subjected to integrity test.
According to Falana instead of subjecting the nominees to integrity test, the federal government has dismissed grave allegations leveled against them with a wave of the hand.

Besides, Falana urged Buhari to comply with the decision of a federal high court, which ordered the federal government to comply with the 35 per cent affirmative action for women, and allow women to occupy 35 per cent of all appointments.

The statement read: “Since 2015, President Buhari had consulted the Council of State whenever he wanted to appoint the Chairman and members of the INEC, including RECs, in strict compliance with the provisions of Section 154(3) of the Constitution of the Federal Republic of Nigeria, 1999.
“On each occasion the president consulted the Council of State before submitting the names of nominees to the Senate for confirmation in line with Section 154(1) of the constitution. But for some undisclosed reasons, the president has forwarded the nominations of 14 persons for confirmation as Resident Electoral Commissioners without any prior consultation with the Council of State.

“Apart from the constitutional infraction the list of the nominees has been challenged on the ground that some of them are card carrying members of the ruling party. At least two other nominees are alleged to be under investigation for serious electoral malpractice.

“Instead of subjecting the nominees to integrity test the federal government has dismissed such grave allegations with a wave of the hand. Curiously, the Minister of Information and Culture, Mr. Lai Mohammed (who had been in the forefront of the campaign for electoral reforms before 2015) said last week that, ‘as to the nominees that are being challenged by social media warriors and by some critics, I don’t think it is the business of the President to immediately throw out a nominee based on allegations which have not been proven.”

Falana added: “Having repeatedly assured the Nigerian people that the administrators will support INEC to conduct credible elections in 2023, we call on President Buhari to withdraw the controversial list from the Senate and ensure that the nominees are investigated by relevant security agencies.
“After security clearance the president is advised to comply with section 154(3) of the constitution by consulting the Council of State with respect to the qualification and competence of the nominees. It is after the consultation that the names of the nominees that are qualified should be presented to the Senate for confirmation.

“However, in view of the opposition to the list of nominees by a number of women’s groups on ground of gender discrimination it is pertinent to draw the attention of the president to the judgment delivered by the Federal High Court on April 10, 2022 in the case of Women Empowerment and Legal Aid & Ors v Attorney-General of the Federation (Suit No FHC/ABJ/CS/ 2021) wherein the Honourable Justice Donatus Okorowo ordered the federal government to comply with the 35 per cent affirmative action for women, which allows women to occupy 35 per cent of all appointments.
“Since the judgment is binding on all authorities and persons in Nigeria pursuant to section 287 of the constitution the president should ensure that the women in the list of nominees should not be less than 35 percent.”

Meanwhile, HEDA has warned that the inconsistency of INEC was a threat to the 2023 elections.
The organisation in a statement yesterday, recalled that on July 18, 2022, two days after a governorship election was conducted in Osun State, the APC candidate and Governor Adegboyega Oyetola reportedly applied Bimodal Voter Accreditation System (BVAS) Report for the election.
It said INEC was on record to have after the statutory payments were made on July 29, 2022, issued the CTC of the BVAS’ report to APC and Oyetola.
HEDA stressed that APC and Oyetola served INEC their petition challenging results in 749 polling units on the account of suspected over-voting they believed took place in those polling units.

It said: “INEC is alleged to, having discovered the palpable inconsistencies between figures recorded as accredited votes on the EC8A (result sheet) and the BVAS Report, tampered with the contents of the original BVAS report to protect the mandate awarded to Ademola Adeleke and PDP, at the expense of credible election, by issuing a fresh CTC to the defendants, claiming the CTC earlier issued to APC and Oyetola was incomplete and unsynchronised.

“Considering the Ekiti and Osun elections were conducted and declared on the basis of BVAS, How possible and plausible is it for INEC to have declared a winner from an unsynchronied BVAS? Considering the BVAS report issued was more than 10 days after the Osun election,” it queried.

HEDA as an organisation committed to fight against corruption – financial and electoral, expressed concern about the development
It added: “Noting this particular serious inconsistency and those associated with the senatorial tickets attempts by the current Senate President in Yobe and Former Governor Godswill Akpabio in Akwa Ibom, INEC is charged to do better and remain consistent for a credible, free, fair and popular election in 2023.”
It also called on the anti-corruption agencies to vigorously monitor officials of the Commission to avoid inducement and compromise of the 2023 elections.