Human rights lawyer, Femi Falana (SAN), has said it is unconstitutional to appoint political members to be Resident Electoral Commissioners (REC).
The Guardian reports that Falana said it has been confirmed that four out of 10 persons nominated as REC last week by President Bola Tinubu are constitutionally disabled.
He said the nation cannot afford to have the Independent National Electoral Commission (INEC) that is constituted by card-carrying members and loyalists of the ruling party and its collaborators.
Falana, the Chairman of Alliance on Surviving Covid-19 and Beyond (ASCAB), also threatened to take legal action if the Senate decides to confirm the four persons nominated in defiance of extant constitutional provisions.
In a statement yesterday, he said in order to guarantee the credibility of elections, persons who are loyal to any of the registered political parties shall not be appointed as INEC Commissioners and Resident Electoral Commissioners.
According to him, “by the combined effect of section 154(1) of the Constitution and Paragraph 14 of the Third Schedule to the Constitution, there shall be for each state of the federation and the Federal Capital Territory, Abuja, a Resident Electoral Commissioner who shall be appointed by the President and shall not less than forty years of age. In addition, the person shall be of unquestionable integrity and non partisan.
“Thus, in order to guarantee the credibility of elections, persons who are loyal to any of the registered political parties shall not be appointed as INEC Commissioners and Resident Electoral Commissioners.”
He said four of them are members and close allies of the All Progressive Congress (APC) while another member has just relinquished the post of a Special Adviser to a former governor elected on the platform of the Peoples Democratic Party (PDP).
“The conduct of the 2027 General Elections must be transparent in every material particular. Therefore, the nation cannot afford to have the Independent National Electoral Commission constituted by card carrying members and loyalists of the ruling party and its collaborators.
“To that extent, the appointment of the four nominees will be challenged at the Federal High Court if the Senate decides to confirm them in defiance of extant constitutional provisions.
