Presidency Can’t Remove Jega – APC Lawmakers Speaks

APPARENTLY disturbed by
speculations that the Chairman of
the Independent National Electoral Commission, INEC, Prof. Attahiru Jega may be removed before his tenure expires on June 13, members of the All Progressives Congress,APC, in the House of Representatives, Tuesday, said President Goodluck Jonathan has no such powers to remove the apex electoral body boss. Some of the APC lawmakers who spoke to Vanguard unanimously condemned the alleged move as President Jonathan does not have such constitutional powers to effect such a change. Vanguard recalls that immediately after Jega announced the postponement of the 2015 elections, the social media was awash with stories that Jega was forced to postpone the election to pave way for the presidency to remove him from office. Also prominent elder statesman, Chief Edwin Clark in different fora had repeatedly call for the removal of Jega. But today, APC Representatives in a chat with Vanguard declared that any attempt by the presidency to remove Jega would be resisted citing relevant sections of the constitution to buttress their points. “Jega is not a civil servant-Minority Leader, Femi Gbajabiamila, APC,
Surulere Federal Constituency, Lagos
Gbajabiamila in his reaction said ”personally I do not consider the Chairman of INEC as a civil servant subject to our civil service rules same way I am not a civil servant”. “There is a difference between a
civil servant and a public servant
or officer. INEC and its chairman
are a creation of the constitution.
Their operations and regulations
are as provided under sections 156
and 160 of the constitution”.
“Which specifically says only INEC
has the powers to regulate its own
procedures and cannot be subject
to approval or control of the
president or any other authority
thereby establishing its
independence”.
He further explained that
“furthermore terminal leave is a
form of removal, however,you slice
or cut it and section 157 of the
constitution is very clear that the
INEC chairman’s removal can only
be initiated by two thirds of the
senate and not by the president.
“The question of who is a civil
servant is answered in section 171
of the constitution and the
chairman of INEC is not included.