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From Godwin Tsa, Abuja
A National Commissioner of the Independent National Electoral Commission,(INEC), Prof. Sani Muhammad Adam has been dragged before the Abuja division of the Federal High Court over his nomination and confirmation as a National Commissioner.
In a Suit marked FHC/ABJ/CS/780/2022, a group Patriotic Youth Organization of Nigeria, through its Counsel, Mr. Tochukwu Ohazuruike, the group is asking the Court to determine whether by the combined and calm reading of the Provision of the Third Schedule Part 1, Paragraph 14 (1 & 2) of the Constitution of Federal Republic of Nigeria 1999(as amended) and a series of letters exhibited in the process, it can be said that the Prof. Sani Adam met the mandatory qualification stipulated in the Third Schedule Part 1 paragraph 14 2(a) of the constitution to be appointed as a National Electoral Commissioner in Independent National Electoral Commission (INEC).
They are also asking the Court to determine whether considering the clear and mandatory requirement and qualification for appointment of National Electoral Commissioners of Independent National Electoral Commission, in relation to the documents exhibited in the process, Prof. Sani Adam was not unfit to have been appointed as the National Electoral Commissioner of INEC.
In another question, they also seek the Court to determine if the President and the senate knew about the series of documents exhibited, they would have considered the 3rd defendant as a man of unquestionable integrity to be appointed as National Electoral Commissioner in INEC.
The exhibits sighted by our reporter includes letters dated 24th day of November, 1998, titled CONDUCT OF SANI MUHAMMAD ADAM, 30th November, 1998 titled CONDUCT OF SANI M. ADAM, 2nd December 1998 titled CONDUCT OF SANI M. ADAM, 1st December 1998, titled CONDUCT OF SANI M. ADAM, 7th day of November, 2001 titled CONDUCT OF S.M. ADAM, 24th November, 1995 titled WARNING, November 28, 2005 titled COUNCIL DECISION, LETTER OF WARNING, 17th August, 1998 titled WARNING, 5th of March, 1999 titled ATTITUDE TO WORK, 20th November 2003 titled SECURITY INVESTIGATION ON CASE OF CRIMINAL INTIMIDATION, CRIMINAL FORCE AND ASSAULT, 16TH October, 2001 titled COMPLAINT AGAINST BARRISTER SANI ADAMS, 22nd August, 2001 and December 18, 2003 titled LETTER OF SUSPENSION FROM DUTY.
The letters included warnings from the University of Jos against the attitude to work of Prof Adam, complaint from the Nigeria Bar Association Jos branch against Prof. Adam that he fought with a colleague in the court, an investigation report into the use of criminal force by Prof. Adam against a colleague in the University and ultimately a letter of suspension from the University of Jos, yet he was nominated and confirmed as a National Commissioner of INEC.
It is based on these that the Plaintiff is seeking a declaration of the Court that Prof. Sani Adam is unfit and cannot be said to be a man of unquestionable integrity to be appointed as a National Commissioner of INEC and a declaration that the Appointment of Prof. Adam as a National Commissioner is in clear violation of the Provision of the Third Schedule Part 1, Paragraph 14 (1 & 2) of the Constitution of Federal Republic of Nigeria 1999(as amended) and as such illegal, null and void and finally an order directing the President and the Senate to immediately commence the process of the removal of Prof. Sani Adam for being unfit for the position of the National Commissioner of Independent National Electoral Commission.
It will be recalled that the 1999 Constitution in the Third Schedule Part 1, Paragraph 14 2 (a) provides that A member of the Commission shall be non-partisan and a person of unquestionable integrity.
