The Presidency on Tuesday said despite the dust being raised in some quarters, President Muhammadu Buhari’s appointment of Amina Zakari as the acting Chairman of the Independent National
Electoral Commission was in order.

The Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, disclosed this to our correspondent in an exclusive interview.

Some stakeholders had been describing Zakari’s appointment as unconstitutional because her appointment as a National Commissioner of INEC expired on July 22.

They argued that Zakari was appointed to act as the chairman by the virtue of her appointment as a national commissioner and now that her tenure had lapsed, she ceased to be a member of the commission.

But Adesina said in appointing the acting INEC chairman, the President only exercised his powers as provided in Sections 154 and 318 of the constitution.

He said the President was at liberty to appoint her even when her tenure had expired.

The presidential spokesman said since the President was covered by constitutional provisions, Zakari’s appointment stands.

“The appointment is covered by Sections 154 and 318 of the constitution. The constitution empowers the President to appoint the woman in acting capacity. It also covers the appointment even if her tenure has expired,” Adesina said.

Section 154 of the constitution reads, “Except in the case of ex-officio members or where other provisions are made in this constitution, the chairman and members of any of the bodies so
established shall, subject to the provisions of this constitution, be appointed by the President and the appointment shall be subject to confirmation by the Senate.

“In exercising his powers to appoint a person as chairman or member of the Council of State or the National Defence Council or the National Security Council, the President shall not be required to obtain the confirmation of the Senate.

“In exercising his powers to appoint a person as chairman or member of the Independent National Electoral Commission, National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult
the Council of State.”


Cc:lalasticlala

Source: http://www.punchng.com/news/zakaris-appointment-as-acting-inec-chair-proper-presidency/

Unnamed stakeholders should kindly meet buhari face to face and tell him that instead of hiding. Even when the president have the constitutional power to do so.
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Good idea

Zakari is here to stay. whoever doesn't want her should remember that lagoon is ever accommodating

Then Senate won't confirm this appointment. What happens in such situation?

On Ray power program yesterday (political platform), the analysis given was that the President has no power under the INEC act/law to appoint an acting chairman. According to them, the act provides for the acting chairman to be selected among the ranking officers without external intervention. As a matter of fact, no one of them can be appointed or sacked by the president alone. He must do it with the NASS.

This is what I understood from the conversation yesterday. Pls is there any Lawyer in the house who will educate us better without being based, and NOT a POLITICAL BASED AGUMENTATOR