In a paper presented at Chinua Achebe’s Leadership Forum at Yale University in Connecticut, United States of America on 16th November 2024, the former President of the Federal Republic of Nigeria, Chief Olusegun Obasanjo, made a strident critique of the Independent National Electoral Commission (INEC), including its present Chairman, Professor Mahmood Yakubu, National Commissioners, Resident States Electoral Commissioners, and hierarchical structure below, and demanded their removal from office. In this piece, I will, however, restrict myself to that aspect of Chief Olusegun Obasanjo’s paper demanding the removal of the Chairman of INEC and hierarchical leadership.
I will not bother about the propriety or impropriety of the demand by Chief Olusegun Obasanjo but on its constitutionality.
The question is: how constitutional is the demand of Chief Obasanjo vis-a-vis the position of the Constitution of the Federal Republic of Nigeria, 1999 concerning the appointment and removal of the membership of the INEC?
The appointment of the Chairman and membership of INEC is vested in the President and Commander in Chief but is subject to the confirmation of the Senate of the Federal Republic of Nigeria.
Therefore, is the demand of Chief Olusegun Obasanjo constitutional, a red herring, or playing to the gallery?
In law, it is well settled that someone appointed to a public office can only be removed by the person who appointed him. In other words, only the President who appointed the membership of the INEC has the prerogative to remove them.
However, it must be noted that in this instance, we are talking about the removal of membership of a body that is established by the Constitution and whose exercise of its responsibilities and powers is not subject to the control or the directions of any other authority.
Accordingly, the Constitution of the Federal Republic of Nigeria, 1999, has enshrined and entrenched the procedure for the removal of the Chairman and members of INEC. When a law has prescribed or laid down the method or procedure for doing something, no other method or procedure can be used except as provided in that law.
Section 157 (1) of the Constitution of the Federal Republic of Nigeria, 1999 provides that subject to the provisions of subsection (3) of section 157, a person holding any of the offices to which this section applies may only be removed from that office by the President acting on an address supported by a two-thirds majority of the Senate praying that he be so removed for the inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct.
Section 157 (2) of the Constitution of the Federal Republic of Nigeria (supra) provides that this section applies to the offices of the Chairman and members of the Code of Conduct Bureau, the Federal Civil Service Commission, the Independent National Electoral Commission, the National Judicial Council, the Federal Judicial Service Commission, the Federal Character Commission, the Nigeria Police Council, the National Population Commission, the Revenue Mobilisation Allocation and Fiscal Commission, and the Police Service Commission.
The chairman and membership of INEC cannot be removed from office except if section 157(1) of the Constitution is scrupulously followed. In other words, the chairman and membership of INEC may only be removed from that office by the President acting on an address supported by a two-thirds majority of the Senate praying that they be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct. The demand of the former president, Chief Olusegun Obasanjo, is against the spirit and intendment of sections 157(1) and (2) of the Constitution of the Federal Republic of Nigeria (supra) and is illegal, wrongful, and unconstitutional.
It is, therefore, quixotic, needless, bizarre, and calculated to overheat the polity.
@~Obol Okoi Obono Obla
