Can Jega be sacked?

Proceeding from that careful optimism, however, I would straightaway submit that it will amount to a flagrant breach of the constitution to force Prof. Jega to proceed on terminal leave. In the first place, Prof. Jega as INEC Chairman is not a civil servant but a creation of the Constitution of Nigeria. This then removes […]

Proceeding from that careful optimism, however, I would straightaway submit that it will amount to a flagrant breach of the constitution to force Prof. Jega to proceed on terminal leave. In the first place, Prof. Jega as INEC Chairman is not a civil servant but a creation of the Constitution of Nigeria. This then removes him from the control, overt or covert, of civil service bureaucrats like the Secretary to the Government of the Federation or the Head of Service of the Federation. Consequently, neither of these bureaucrats has any scintilla of power to order him around. In particular, they cannot lawfully ask him to proceed on terminal leave as being speculated. He should ignore such directive if it is ever issued. Secondly, Prof. Jega enjoys a constitutional term of five full years. Unless the procedure for Prof. Jega’s removal from office as spelt out in Section 157 of the Constitution is scrupulously complied with, upon the reasons for such removal as also adumbrated therein being strictly construed, Prof. Jega’s period can only come to an end five years after he was sworn in.
It must be borne in mind that Section 155 of the Constitution is the federal equivalent of Section 201 of the same constitution, which has created five-year tenure of office for similar ‘independent’ bodies established for the states. The Supreme Court, in voiding the dissolution of the Kwara State Independent Electoral Commission, held in Governor of Kwara State vs. Ojibara (2007) All FWLR (Pt. 348) 864 that the framers of the constitution deliberately donated a five-year tenure to the members of the commission – one year more than the four-year tenure of political office holders – “with a view to create continuity and stability in the electoral process and governance” and that membership of that commission is not meant to “change with the fortunes of the political parties in a state.”
It concluded that the conditions stipulated in the constitution for the removal of members of the commission must be strictly complied with and that removal based on “the general interest” of the state or due to change in government policy is not permissible. The Court of Appeal was to strictly follow this decision in Dangana vs. Governor of Kwara State (2011) All FWLR (Pt. 593) 1851, wherein it voided the dissolution before the expiration of the five-year tenure, of members of the Kwara State Judicial Service Commission. See, also, Okungbowa vs. Governor of Edo State (2014) All FWLR (Pt. 753) 1975.
It will, therefore, amount to a flagrant breach of the constitution and a gross abuse of power for anybody to contemplate the removal, by whatever means or name, of Prof. Jega from office. Such move will send wrong signals to all impartial observers and will definitely, as is already apparent, overheat the system. This ill-intentioned move must be vigorously resisted by all persons of good will.

Hon is an Abuja based constitutional lawyer