APC Lawmakers Kick Against Rumoured Sack of Prof Jega; say it is out of President Jonathan’s Constitutional Power
The All Progressives Congress has addressed rumours that the Chairman of the Independent National Electoral Commission, INEC, Prof. Attahiru Jega, may be forced to leave office before his tenure expires on June 13, saying such powers are out of President Goodluck Jonathan’s hands.
Some members of the party in the House of Representatives, on Tuesday, condemned the alleged move as they reiterated that the President does not have such constitutional powers to determine who is at the helm of affairs at INEC.
In an interview with journalists, Minority Leader of the House, Femi Gbajabiamila, representing Surulere Federal Constituency, Lagos, 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.
“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.”
