The appointment of four out of ten individuals by Bola Tinubu as Resident Electoral Commissioners (RECs) last week has drawn criticism from prominent human rights attorney Femi Falana.
In a statement on Sunday, Falana pointed out that individuals who possess membership cards in the ruling party or any other political party are ineligible to be nominated as RECs under the constitution. He said that four of the nominees are members of the All Progressive Congress (APC) and close supporters of the party, and that one nominee just gave up the position of Special Adviser to a former governor who was elected on the People’s Democratic Party (PDP) platform.
Quoting constitutional clauses to support his argument, Falana underscored the importance of appointing RECs who are of unquestionable integrity and non-partisan, as mandated by the law. In his statement, he said, “We have confirmed that 4 out of 10 persons nominated as Resident Electoral Commissioners last week by President Bola Tinubu are constitutionally disabled. Specifically, four of them are members and close allies of the All Progressive Congress, while another member has just relinquished the post of Special Adviser to a former Governor elected on the platform of the People’s Democratic Party.”
Falana supported his arguments with a few constitutional clauses. He underlined that INEC Commissioners and RECs should not be appointed by individuals who are loyal to any of the registered political parties in order to ensure the credibility of elections.
Mr. Falana stated, “According to Section 154(1) of the Constitution and Paragraph 14 of the Third Schedule to the Constitution, there must be a Resident Electoral Commissioner who is not less than forty years old and appointed by the President for each State of the Federation and the Federal Capital Territory, Abuja”.
“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.”
Falana also issued a warning, saying that their appointment would be contested in the Federal High Court if the Senate chose to confirm these nominees against the current constitutional constraints.