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Jega’s Sack Is Unconstitutional; Nigerians Should Disregard ~ Minority Leader - Politics - Nairaland

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Jega’s Sack Is Unconstitutional; Nigerians Should Disregard ~ Minority Leader by Shoutozone: 2:01pm On Feb 11, 2015
The noise about the purported sack of INEC Chairman, Prof Attahiru Jega has once again been laid to rest by the leader of Minority at the lower house, Hon. Femi Gbajabiamila. The lawmaker in the statement released to our correspondent urged Nigerians to live beyond the Presidency and PDP sponsored rumor of Jega’s sack.



It is no more news as trending issue on social media widely reported that the INEC Chairman may likely face a shock sack following his resistance to making rigging difficult for the ruling party and for flouting the interest of the Presidency in postponing the elections.



Gbajabiamila, who spoke on point of law, condemned the PDP for sponsoring an unsellable idea that is meant for political crumbs. He however, argued on point of law as a member of the house and legal practitioner that, Jega is never a civil servant that is prone to sack by the Presidency.



“There is a difference between a civil servant and a public servant or officer. Jega falls under the latter. INEC and its chairman are a creation of the constitution. Their operations, rules and regulations are as provided under sections 156 and 160 of the Nigerian constitution which expressly states that only INEC has the powers to regulate its own procedures and cannot be subject to approval of the President or any other authority thereby establishing its independence”.





The proposed ‘terminal leave’ if in any way near truth is a dash to INEC’s independence. The body is independent of political frills as suffered by other institution under President Jonathan’s watch.



“The public in my opinion should disregard the promoted sack. That is outright a height of abuse of constitutional authority”.



He further explained that the Constitution is very clear and succinct about the removal of INEC Chairman which is vested in section 157 of 1999 constitution as amended by the senate and a two-third majority is required to prosecute the removal.



“The question of who is a civil servant is answered in section 171 of the constitution and the chairman inec is not included”



Finally, the Lagos State representative, representing Surulere federal constituency further said “it will be a violation of section 1 of the Code of Conduct as embedded in Part 1 of the fifth schedule to the constitution to appoint Prof Mimiko, brother to a PDP Governor, he concluded.

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