RECs’ appointment: 17 CSOs demand disqualification of Umoren, Ehimeakne

Friday Ajagunna
Friday Ajagunna
INEC-chairman-Mahmood-Yakubu

On the heels of President Bola Tinubu’s nomination of Etekamba Umoren from Akwa Ibom State, and Isah Shaka Ehimeakne of Edo State as part of the 10 Resident Electoral Commissioners of the Independent National Electoral Commission, INEC, 17 Civil Society Organizations, CSOs, Wednesday, petitioned their nomination because the two earlier mentioned REC nominees are card carrying members of the ruling All Progressives Congress, APC, which is allegedly against the Electoral Act.

The petition was addressed to the President of the Senate with the subject ‘PETITION AGAINST THE NOMINATION OF MESSRS. ETEKAMBA UMOREN (AKWA IBOM) AND ISAH SHAKA EHIMEAKNE (EDO) AS RESIDENT ELECTORAL  COMMISSIONERS OF THE INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC)’ dated November 1, 2023, and signed by Centre for Media and Society (CEMESO); Centre for Journalism, Innovation and Development (CJID); Civil Society Legislative Advocacy Centre (CISLAC); CLEEN Foundation; Elect HER; Enough is Enough; International Press Centre (IPC); Inclusive Friends Association (IFA); Justice, Development and Peace Makers Centre (JDPMC), Osogbo; The Kukah Centre; The Electoral College; The Electoral Hub; Nigeria Women’s Trust Fund (NWTF); Partners for Electoral Reform; TAF Africa; Women Advocate Research & Documentation Centre (WARDC); and Yiaga Africa.

They said: “On Wednesday, 25 October 2023, President Tinubunominated ten Resident Electoral  Commissioners to the Independent National Electoral Commission (INEC) under the powers vested on the President by Section 154 (1) of the Constitution of the  Federal Republic of Nigeria 1999 (As Altered) and Section 6of the Electoral Act 2022.

The ten nominees are from Akwa Ibom, Edo, Ekiti, Gombe, Kwara, Lagos, Nasarawa,  Niger, Rivers, and Zamfara States to replace ten Resident Electoral Commissioners of INEC whose tenures have elapsed.

“Mr. Etekamba Umoren was nominated from Akwa Ibom State, and Mr. Isah Shaka Ehimeakne from Edo State are among the ten nominees.

“Mr President, Messrs. Etekamba Umoren and Isah Shaka Ehimeakne are not qualified for appointment as Resident Electoral Commissioners of INEC as they are deeply involved in partisan politics contrary to the requirements of section 156(1) and

Third Schedule, Part 1, Item F, paragraph 14 (1) of the Constitution of the Federal  Republic of Nigeria, 1999 (As Altered).

“The Constitution makes non-partisanship a mandatory requirement for appointment as a Resident Electoral Commissioner of the INEC. The Constitution of the Federal  Republic of Nigeria, in section 156(1)(a), clearly prohibits the appointment of any member of a political party as a member of INEC. To further ensure the neutrality of the members of INEC, the Constitution mandates in the Third Schedule, Part 1, Item  F, paragraph 14 (1) that a Resident Electoral Commissioner shall be non-partisan and a person of unquestionable integrity. Messrs. Etekamba Umoren and Isah Shaka  Ehimeakne are not only members of the ruling All Progressives Congress (APC) but have publicly declared their membership and campaigned for the party wearing attires of the party at campaigns and public events.

“Mr. Etekamba Umoren is believed to be a card-carrying member of the All Progressives Congress (APC) and served as an aide to the current President of the Senate, Dr. Godswill Akpabio, when he was the Governor of Akwa Ibom State. He also served as the Chief of Staff to the President of the Senate when he was the Minister of Niger Delta Affairs.

“Mr. Etekamba Umoren, then a card-carrying member of the Peoples Democratic Party (PDP) had served as Chief of Staff Government House, under the administration of Dr. Godswill Akpabio as Governor of Akwa Ibom State. Similarly, upon assumption of office of Governor of the state in 2015, Governor Emmanuel Udom appointed Etekamba Umoren as the Secretary to the State Government (SSG), still being a  member of the PDP.

“Mr Etekamba Umoren’s deep involvement in partisan politics is a matter of public knowledge as he publicly defected, along with his boss, Dr Godswill Akpabio, from the Peoples Democratic Party (PDP) to the APC in 2018. The Video Clip of this defection is available at …… Photographs of Mr Etekamba Umoren in APC attires while attending the party’s campaign rallies and media report of his defection are attached and marked as “Annexure 1”.

“Mr. Isah Shaka Ehimeakne of Edo State is believed to be a card-carrying member of the APC, who is engaged in partisan politics both online and offline. Before his appointment as a Resident Electoral Commissioner, his Facebook page in his name,  Isah Shaka, embarked on campaigns for the APC and its candidates. This depicts his partisanship which disqualifies him from appointment as a Resident Electoral Commissioner that requires neutrality and non-partisanship in line with the constitutional provisions cited above. Screenshots of his Facebook posts showing support for the APC and its candidates are attached and marked “Annexure 4”.

Given the antecedents of Messrs. Etekamba Umoren and Isah Shaka Ehimeakne, it is highly unlikely that they will remain neutral and objective if appointed as INEC’s Resident Electoral Commissioners. We contend that their appointment will greatly undermine the neutrality and impartiality of the Commission and it will increase mistrust in the INEC and Nigeria’s electoral process. By the combined effect of Section 156 (1)(a) and Third Schedule, Part 1, Item F, paragraph 14 (1), Messrs.

Etekamba Umoren and Isah Shaka Ehimeakne are constitutionally prohibited from any appointment as a member of the electoral umpire. It is against the sacred spirit of our Constitution to appoint them into such sensitive offices that go to the root of democracy in Nigeria.

“In upholding the Constitution of the Federal Republic of Nigeria 1999 (As Altered) regarding the sanctity of the Independent National Electoral Commission, the Senate has set precedents which are worthy of emulation. In December 2019, the Senate stood down the nomination of Olalekan Raheem of Osun State as a Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC) because he was a card-carrying member of the APC.

Olalekan Raheem’s case is on all fours with the cases of Messrs. Etekamba Umoren and Isah Shaka Ehimeakne. Presented with these facts, we the undersigned groups and civic leaders urge you to uphold the sanctity of the Constitution of the Federal Republic of Nigeria, neutrality of INEC and the sacredness of the electoral process in Nigeria.”

Meanwhile, these were the Prayers contained in the petition; To this end, we, the undersigned, implore you to use your good office to:

1. Completely reject the nomination of Etekamba Umoren nominated from Akwa Ibom State, and Isah Shaka Ehimeakne from Edo State as Resident Electoral Commissioners into the Independent National Electoral Commission (INEC);

2. Urge President Tinubu to withdraw their nomination in the public interest and in furtherance of his commitment to ensuring a truly independent electoral institution that enjoys the trust and confidence of citizens and electoral stakeholders; Completely reject the nomination of Etekamba Umorennominated from Akwa Ibom State, and Isah Shaka Ehimeakne from Edo State as Resident Electoral Commissioners into the Independent National Electoral Commission (INEC);

Urge President Tinubu to withdraw their nomination in the public interest and in furtherance of his commitment to ensuring a truly independent electoral institution that enjoys the trust and confidence of citizens and electoral stakeholders; Request President Tinubu to uphold the federal character principle in re-nominating a nonpartisan, neutral, and competent Nigerian to represent the south-south region as INEC National Commissioner;

Also, request the President to uphold the principle of diversity by ensuring gender inclusion in the nomination of non-partisan and competent Nigerians as INEC National Commissioners.

“Ensure that members of the Independent National Election Commission are individuals with impeccable character, unquestionable neutral inclinations, and competence; Ensure proper scrutiny and due diligence are exercised in the confirmation of nominations to the Independent National Electoral Commission (INEC); and As custodians of the Nigerian constitution, the Senate should ensure that the principle of Federal Character is protected to guarantee inclusiveness and promote national unity amongst Nigerians. “We hope our petition will be entertained, considered and granted.”

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