Since last week, there has been uproar over the re-nomination of President Muhammadu Buhari’s Personal Assistant on Social Media, Mrs. Lauretta Onochie, as a national commissioner in the Independent National Electoral Commission (INEC).
Buhari, had in a letter dated October 12, 2020, sought the Senate’s confirmation for the nominations of Onochie and five other nominees. Criticisms trailed the nomination of Onochie, who hails from Delta State, on the grounds of her being a registered member of the ruling All Progressives Congress (APC), in violation of Section 14(2a) of the Third Schedule of the 1999 Constitution, as amended. The section states that “a member of the commission shall be non-partisan and a person of unquestionable integrity.”
The Senate had stepped down the consideration of the request following the outrage generated by the inclusion of Onochie on the list. Opposition parties and civil society organisations argued that her nomination breached the constitution given her political affiliation. The confirmation request was made by the president in accordance with paragraph 14 Part I(F) of the Third Schedule of the 1999 Constitution, as amended. Besides Onochie, others being screened are Professor Muhammad Sani Kallah (Katsina), Prof. Kunle Cornelius Ajayi (Ekiti), Saidu Babura Ahmad (Jigawa), Prof. Sani Muhammad Adam (North-Central) and Dr. Baba Bila (North-East).
Onyekachi Ubani, lawyer, petitions Senate: “Considering the reality of Nigeria today, with the high level of insecurity, ethnic tensions, and mistrust among citizens, the decline in trust and confidence by the citizens in their elected officials and democratic institutions to mention a few, it is very important, that as the next election draws closer, whoever is to be nominated by the President to serve as INEC commissioner, chairman or as an unbiased umpire for national elections must be in compliance with the law and must be persons that, the general public view as not being partisan or compromised in any form or manner.
“Section 152 of the Electoral Act, provides that ‘no person holding an elective office to which this act relates or a registered member of a political party shall be eligible for or be appointed to carry out duties of a returning officer, an electoral officer, the presiding officer or poll clerk.’
“Therefore, the nomination of Mrs. Lauretta Onochie, a clearly partisan individual by the President, an individual who has in recent years publicly displayed her partisanship and undying support for the ruling Party in her utterances, conduct, and interaction with the public cannot and should not serve as INEC commissioner, a role reserved for an unbiased umpire. I on behalf of the Nigerian public urge the Senate to righteously reject her nomination and confirmation forthwith.
“As a card-carrying member of the ruling party or any other party for that matter, she is unfit for the position she is nominated for. I also doubt that Section 154 (3) of the constitution was complied with, which prescribes that the President nominates the INEC commissioner in consultation with the Council of State. Paragraphs B of Part 1 of the 3rd schedule of the constitution provides that the Council of State shall have the power to advise the President in the exercise of his power with respect to (iv) the INEC including the appointment of members of the Commission. When was this Section and paragraph complied with?
“Most importantly paragraph 14 of part I of the third schedule of the constitution as amended in Section 30 No. 1 of 2010, a member of INEC should be “non-partisan”, can Mrs. Lauretta Onochie be regarded by anyone in Nigeria, knowing her antecedent as the Special Assistant to the President as ‘non-partisan’ under the Nigerian context? The right answer is No.
“I, therefore, on behalf of the Nigerian Bar Association urge that her nomination be rejected and her confirmation be denied forthwith.”
Enyinnaya Abaribe, Senate Minority Leader: “We have dealt with this matter of the nomination of Lauretta Onochie. So, we feel surprised that the same name has resurfaced no longer as a national commissioner, but as a Delta State commissioner. Mr. President, reluctantly, I second the motion that these nominations be referred to the relevant committee for action and we shall meet in Philippi.”
Ahmad Lawan, Senate President: “The nominees are not stated resident electoral commissioners; they are national commissioners. And there was no change of request; so they are not resident electoral commissioners.”
Kola Ologbondiyan, Publicity Secretary, PDP: “It was a shame that the APC-led government would nominate a card-carrying member of a political party as a national commissioner of INEC. The nomination of Onochie breached the establishment act of INEC that states that no political party card-carrying member should be appointed as a national commissioner. Our position is clear; we call on all our members, particularly senators and the House of Representatives members, to ensure that Onochie is not confirmed as an INEC commissioner. Our position is predicated on the fact that Onochie is a card-carrying member of the APC. And as such, she cannot be an electoral umpire. The way the President Buhari administration is doing, they have shown that they have no modicum of shame when it comes to electoral issues.
“How can President Buhari nominate Onochie who is a card-carrying member of the party, APC as a member of INEC to become a national commissioner? She is a card-carrying member, a registered member of APC as an umpire to serve in INEC in the 2023 general election. What are they telling us? Are they telling us that there would be no election in 2023? Or that it would be as they did in 2019 when