In the interest of full disclosure, let me say from the outset that this piece is nonpartisan. It is, instead, an apolitical academic exercise, primarily intended as a simple legal treatise, without being personal, on the legalities of tenure of Prof Attahiru Jega as INEC Chairman. Having said that, let me then give reasons why Jega’s tenure legally or actually comes to end on March 24, 2015, instead of the presumptive June 24, 2015.

Jega was appointed by President Jonathan on June 8, 2010, and confirmed by the Senate on June 24, 2010. Under the law, his tenure runs for five years. Mathematically, therefore his tenure ‘exactly’ ends on June 24, 2015, counting from the date of Senate confirmation.

But accordingly to extant rules and our time-honored conventions, his tenure ‘actually’ comes to an end on March 24 because he is required, without more, to compulsorily proceed on terminal leave three months to the mathematical end of his tenure. And this is being very generous because, if you go by the ‘doctrine of relation back’, a strong case can be made that his terminal leave shall commence on March 8 (the date he was appointed), instead of March 24 (the date he was confirmed).

For those who might argue otherwise, there are legions of precedents, including, most notably, that of Jega’s predecessor, Prof Maurice Iwu. Iwu’s tenure was due to expire on June 13, 2010. However, on April 28, 2010, then acting President Jonathan, ordered Iwu to proceed on terminal leave. That Iwu’s own terminal leave was less than three months to his mathematical five years was probably a matter of expediency of that turbulent era and presidential grace, to boot.

In recent times, we have seen other equally constitutionally-tenured public servants proceed on terminal leave before the exact date of expiration of their tenure. Here are few examples. Former IGP Abubakar’s tenure was due to end on July 30, 2014 but he proceeded or was sent on terminal leave on May 12, 2014. Former Chief Justice of the Federation, Justice Dahiru Musdapher voluntarily proceeded on terminal leave three months before the constitutional or mathematical end of his tenure. Ditto for former PCA, Justice Salami, even though his own was somewhat exceptional because he was on suspension when his terminal leave clock began to tick. I might add that Salami fought his for its exceptional equities but still lost. Jega has no such equities.

To underscore that there are no exceptions, the Federal Government, in a well-received circular issued by the former Head of Service, Alhaji Isa Bello Sali, had “called on those affected to comply with immediate effect by observing the three months terminal leave as provided for in the extant Rules”. Unarguably, those affected included, without exceptions, all public servants that have constitutional or legal tenure, either based on fixed tenure-track, as in the case of Iwu, Jega, etc; or straight retirement based on 35 years service (the IGP) or age (Justice Musdapher).

According to the circular, which is captioned ‘Three Months Pre-Retirement/Terminal Leave’, the government stated that “It has been observed that the mandatory notice of retirement for officers who are due to retire is not being observed as provided for in the extant rules. Accordingly, it has become necessary to reiterate the provisions of Public Service Rules (PSR) 100238 which states that officers are required to give three months notice of their retirement from service terminating on the effective date of their retirement”. For avoidance of doubt, the term retirement, in context, applies, mutatis mutandis, to those on fixed tenure like Jega.

The circular was addressed and sent to the Chief of Staff to the President, Chief Justice of the Federation, all Ministers, Secretary to the Government of the Federation, Service Chiefs, the Inspector-General of Police, Chairman Federal Civil Service Commission, the Chairman, Economic and Financial Crimes Commission (EFCC), and the Chairman of Independent National Electoral Commission (INEC). Others are Heads of extra-ministerial departments, the Accountant-General of the Federation, Auditor-General of the Federation, Surveyor-General of the Federation, Directors-General/chief executives of parastatals and agencies.

So, as we can see from above, it is left for Jega to decide between these two options: It is either he voluntarily proceeds on his terminal leave by March 24, 2015, or he may be forced to do so by executive fiat. If, however, he is emboldened to sit tight, he has to know that any extra day he spends in office beyond March 24 is not by any force of law but by the sheer good graces of President Jonathan.

From: Aloy Ejimakor. Esq.

Abeg make una free Jega.,
the postponement of the election would favor those that haven't collected their PVC!!

Hmm,nice compilation of facts.

What else do you expect? Check my signature for the truth, take action!

He will join the gej train to otuoke

www.nairaland.com/attachments/2110467_img2015092201317_jpeg1b5e8180d2013741da3835a149e189ea

There is no smoke without fire

The election postponement is pregnant

More drama are yet to unfold

But God will surely see us through

Brightology2:
I want 2 use medium 2 advice mr president.pls dn't repeat d mistake u made by puting jaga sori jega again.pls wen his tenure expire kindly put a very loyal boy as Inec chairman dat will help u ring d election very well 2 ur favour.anybody dat mk noise,arrest d person n put bullet in his leg.especially Buhari,amaechi,liar mohammed,Tinubu,obj.heaven will nt fall. We dey ur back

This is d most f00lish n stup1d comment av ever read on nairaland.

If PDP think they can postpone the election till when Jega's tenure is over, they must be joking.

Cv

Koroaso:
The slayer of corruption.
The terrorizer of looters.
The defender of the masses.
The no-nonsense general.
The most popular man in Nigeria.
The political enigma.
The only politician who can get millions without renting a crowd.
The man with a cult-like followership.

The persistent one!
PDP's worst nightmare.

All welcome Nigeria's incoming president
President Muhammadu Buhari. GCFR

come, are you a paid apc thug on nairaland

Nairalanders you guys should check the topic on front page below this one and you will see the same post

Smh

Hmmmmm...not so sure of the March 28th date again. Let peace reign in Nigeria.

God bless President GEJ. Politics should not be a do or die game. That we don't support one candidate should not make us enemy.

Wow

Nigeria I hail thee! The world's capital of political jingo-surmmersault

I do not like Nigerian politics.

interesting!! the summary is that Jega is due to start his terminal leave march 24 but he may not necessarily commence on that date because it is still in the power of the president to let him remain there a little longer into his terminal leave.
GEJ cannot and will not suddenly appoint a new chairman just four days to the election, Jega may even stay till the swearing in on 29th May.

So please all these conspiracy theorists, kindly concentrate on polishing your PVCs ([size=2pt]or burning them[/size])

GEJ till Kim Kardashian joins Lord Chosen

Jesus by Law? Is there law in Nigeria?

is that why they pronsponed the election to sanction jaga?

JONA

Be deceiving ya sef.that was d last question he answered during that election postponement press conference. Think he said somefin like June or july

Shittt just got real!

Lobatan! the opposition played a very good political game by using osinbanjo as VP (a prof and a pastor of one of the biggest church in Nigeria) but the presidency is now playing a more mature game by constitutionally remove jega but note one 'He who laugh last laugh best'

Jega tenure expire on June 30th, TANoids have come with another propaganda again oh but whether they like it or not GEJ is going back to Otuoke because we have know the number of votes that will emanate from each region & with the looks of things GMB is winning.

Want of jurisdiction

bushdoc9919:
I do not like Nigerian politics.

...the best in the whole world.

Brightology2:
I want 2 use medium 2 advice mr president.pls dn't repeat d mistake u made by puting jaga sori jega again.pls wen his tenure expire kindly put a very loyal boy as Inec chairman dat will help u ring d election very well 2 ur favour.anybody dat mk noise,arrest d person n put bullet in his leg.especially Buhari,amaechi,liar mohammed,Tinubu,obj.heaven will nt fall. We dey ur back

You people should go and beg Tunde Bakari to readjust his chair on his alter if not no elections. He has tied the elections with the juju on his alter.

Brightology2:
I want 2 use medium 2 advice mr president.pls dn't repeat d mistake u made by puting jaga sori jega again.pls wen his tenure expire kindly put a very loyal boy as Inec chairman dat will help u ring d election very well 2 ur favour.anybody dat mk noise,arrest d person n put bullet in his leg.especially Buhari,amaechi,liar mohammed,Tinubu,obj.heaven will nt fall. We dey ur back

I'll take that as Sarcasm