Ekiti State Governor, Mr Ayodele Fayose has said that apart from the
danger that President Mohammadu Buhari’s appointment of his in-law,
Mrs Amina Zakari as Acting Chairperson of the Independent National
Electoral Commission (INEC) pose to democracy in the country, the
position is unknown to the 1999 Constitution of the Federal Republic
of Nigeria (as amended).
The governor, who called on all lovers of democracy in the country to
rise in defence of the impartiality of INEC, which he described as the
only factor that can sustain democracy, added that; “the most
honourable thing for President Buhari to do is to rescind the unlawful
appointment of Mrs Zakari as INEC Acting Chairperson.”
In a statement issued on Sunday by his Special Assistant on Public
Communications and New Media, Lere Olayinka, Governor Fayose said
“since Mrs Zakari’s tenure as INEC National Electoral Commissioner has
expired, she cannot continue to preside legally on INEC affairs,
except if duly appointed as substantive Chairman of the commission as
provided in Section 154 (1) and (3) of the 1999 Constitution (as
amended).
The governor said; “One of the major legacies bequeathed to Nigeria by
the immediate past Peoples Democratic Party (PDP) government was free,
fair and credible electoral process and President Buhari, who is a
beneficiary of this legacy must sustain this legacy by ensuring that
the impartiality of the electoral umpire is unblemished by suspicions
of partisanship and illegal appointments.”
Governor Fayose said; “Two weeks ago, respected former lawmaker and
former top civil servant, Alhaji Tanko Yakassai, revealed that he knew
Mrs. Zakari since childhood, and that her late father, the former Emir
of Kazaure, was married to President Buhari’s elder sister.
“Alhaji Yakassai, went on to reveal that President Buhari lived with
and spent a significant part of his early years in the home of Amina
Zakari’s father.
“This is enough establishment of conviviality between Mrs Zakari and
President Buhari, whose party, the All Progressives Congress (APC)
will be standing elections with other political parties this year and
this will no doubt cast credibility aspersion on any election
conducted by INEC headed by Mrs Zakari.”
He said Section 153 of the 1999 Constitution (as amended), which
established INEC and other Federal Executive Bodies did not make any
provision for the appointment of Acting Chairman.
Declaring the appointment as illegal, Governor Fayose said; “Section
154 (3) provided that the President shall consult the Council of State
in exercising his powers to appoint a person as the chairman of INEC
and there is no record of such consultation before the appointment of
Mrs Zakari as INEC ‘Acting Chairperson.’
“The only requisite condition for Mrs Zakari to be acting as the
chairman of INEC is that she must be a National Electoral Commissioner
and her tenure as National Electoral Commissioner ended on July 21,
2015.
“As at today, there are four National Electoral Commissioners in INEC
instead of 12. They are Abdukadir Sulaimanu Oniyangi, Mohammad Ahmad
Wali, Chris Iyimoga and Lawrence Nwuruku. If anyone should act as INEC
chairman, it should be any of the remaining four National Electoral
Commissioner, not someone whose tenure has expired.
“The danger in this is also that any action taken by INEC with Mrs
Zakari as its head will amount to illegality and it is hoped that
President Buhari will avoid plunging Nigeria into an avoidable legal
quagmire by rescinding immediately, the illegal appointment of Mrs
Zakari as INEC Acting Chairperson, a position that is not known to the
Constitution of Nigeria.
“Therefore, ignoring facts suggesting that the INEC Acting Chairperson
and President Buhari are in-laws is dangerous to democracy in the
country, and lovers of democracy in the country must rise in defence
of the impartiality of INEC now.”
