www.leadership.ng/news/411861/does-the-president-have-constitutional-powers-to-sack-jega


Does The President Have
Constitutional Powers To
Sack Jega?

— Feb 14, 2015 | 1 Comment

President Goodluck Jonathan, at the recent
media chat, said he was vested with the
constitutional power to sack Chairman of the
Independent National Electoral Commission
(INEC) Prof. Attahiru Jega.

He said “I appointed him. If I feel he is not
doing well, there are constitutional
provisions on how to remove him, but I have
not even contemplated it. I have never
thought about removing the INEC Chairman,
though I have the constitutional power to do
so.”

But, disclosures by the Nigeria Civil Society
Situation Room, faulted the claim by
President Goodluck Jonathan.

Speaking for the group made up of lawyers
and civil rights activists, Clement Nwankwo,
argued that the INEC, not being a civil service
institution, was not subject to both the civil
service rules and the control of the Head of
the Civil Service of the Federation.

Nwankwo said, “The Constitution (Section
157) is very clear on the appointment of the
Chairman and members of INEC.

“The President makes the nomination, he
sends it to the Senate and the Senate votes to
confirm it. Once a nominee is confirmed by
the Senate, the person remains in office until
the last date, amounting to five years of his
tenure.

“Such a person can only be removed by the
Senate, voting on a two-third majority.
Outside of that, the President has absolutely
no powers to suspend, to ask a
Commissioner or Chairman to proceed on a
pre-retirement leave, or to remove them
under any circumstance. Any purported
removal would be a constitutional violation
for which the President could be
impeached.”

“Apart from the constitutional question, the
President, for the integrity of the electoral
process, should be quite wary about what he
says. It is important that the President
realizes that INEC is a special body because
of the special nature of its activities. And, the
President is now a party in the electoral
contest. So, he should be wary about the
kind of things he says concerning the umpire
in the election in which he is a participant

Who hired Jega ?

Below is what I wrote four days ago:

Power To Nominate Is Different From Power To Appoint

Listening to Jonathan lied again on TV on power not vested in him is nauseating. This man thinks he is talking to foolish people like himself.

The Constitution only grants him power to nominate INEC Chairman and Senate granted with power to vote for and confirm the INEC Chairman. The power to remove INEC Chairman is only vested with the 2/3 of the Senate. If he had the power to appoint, then why Jega had to go through the Senate confirmation? Power to nominate is different from power to appoint INEC Chairman.


Electoral Law States:

“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”.

He further explained that “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."





If Jonathan thinks he can just come up one day and ask Jega to leave few weeks before election, he is in for rude awakening.

It is a code word for law usurpation for Jonathan to claim he has power to remove Jega. No you don't, Mr. President. Jonathan is up to mischief that is going to undermine this election. That is the only last card he has in this election. I read through the lines when he lied that 30% of PVC have been distributed in Lagos and 40% in Ogun State. This man has no shame. PVC collection in Lagos stands at 72% while that of Ogun is over 64% as at last Friday.

Fire Jega and face a very quickly adjudicated impeachment. The Clueless One wouldn't try it.

One word ..

..Remember Sanusi

dunkem21:
One word ..

..Remember Sanusi

Different scenario.

As much as d president might not have d power to remove him,
Jega's tenure officially end by June 2015.
As a result of that,he is supposed to commence his terminal leave by march,
just like Maurice Iwu did b4 Jega was appointed.
D singular fact that this man was insisting INEC was ready for d elections while millions of d PVCs were still where they were printed abroad casts doubts about his neutrality especially when added to d bizarre pattern where d states under insurgency attacks have d highest PVC collection.
Jega is no longer an unbiased umpire, he shld pack his bags and go quietly.
Das all.

dokyOloye:
As much as d president might not have d power to remove him,
Jega's tenure officially end by June 2015.
As a result of that,he is supposed to commence his terminal leave by march,
just like Maurice Iwu did b4 Jega was appointed.
D singular fact that this man was insisting INEC was ready for d elections while millions of d PVCs were still where they were printed abroad casts doubts about his neutrality especially when added to d bizarre pattern where d states under insurgency attacks have d highest PVC collection.
Jega is no longer an unbiased umpire, he shld pack his bags and go quietly.
Das all.

The reason Jega is no more an unbiased umpire is because he won't dance to the tune of PDP by allowing a rigging formula. PVC is here to stay.

sincerenigerian:


The reason Jega is no more an unbiased umpire is because he won't dance to the tune of PDP by allowing a rigging formula. PVC is here to stay.

Jega is not bias. This is giving PDP a serious headache!

Please Mr Man, kindly educate me more, "is the terminal leave a compulsory one constitutionally?"

Sirniyeh:


Jega is not bias. This is giving PDP a serious headache!

Please Mr Man, kindly educate me more, "is the terminal leave a compulsory one constitutionally?"

Not compulsory. INEC is an independent body that funds itself independently. Why do we have to appoint a person into an office to do a job, then let him leave and not finish the job? It makes no sense. The talk of removal of Jega is only for the reason he won't play ball with PDP by allowing voters to use temporary cards.

The President has no power to sack Jega, except the the approval of 2/3 members of the Senate

sincerenigerian:


Different scenario.

Bro, accept it, he has the power to do so.

JEGA will not be sacked though. No need.

Buhari is not an option.

dunkem21:


Bro, accept it, he has the power to do so.

JEGA will not be sacked though. No need.

Buhari is not an option.

Mr Man, use your sense well please. We are not preaching for or against Buhari here. We are educating ourselves on the stand of Jega. So behave

Sirniyeh:


Mr Man, use your sense well please. We are not preaching for or against Buhari here. We are educating ourselves on the stand of Jega. So behave

Shift joor. Did you even read my first line at all?

hhhm.. i wonder wetin una don turn PRESIDENT to.
Nigeria no be country that desire honest and faithful president. she deserve a crooks, criminal and biased people so as to speak Jonathan is not what you want. i wish he can just step down.

He will still knell for jega

guttentag:
He will still knell for jega

The award is given to you for the best humorous post in this thread. So Jonathan will still kneel down before Jega? Very funny


I can't believe that Jonathan could still kneel before Sanusi upon all bragado of suspension by mr president. Does a King/Emir/Igwe command respect more than a president?