Can pressure from the Peoples Democratic Party, civil society organisations and other rights groups stop the confirmation of the Special Assistant on Social Media to the President, Lauretta Onochie, by the Senate as an National Commissioner of the Independent National Electoral Commission? Asks Davidson Iriekpen
Just when Nigerians thought the controversy had been rested, the Senate penultimate Wednesday stirred up the hornets’ nest when it referred the name of the Special Assistant on Social Media to the President, Lauretta Onochie, to the Senate Committee on the Independent National Electoral Commission (INEC) for screening as a National Commissioner.
Onochie’s nomination had generated controversy with critical stakeholders in the polity arguing that her choice was not in order in view of her alleged ‘partisanship and identification’ with the All Progressives Congress (APC).
Recall that Buhari had in his letter of nomination read by Senate President Ahmad Lawan, said the appointment was pursuant to Paragraph 14 of Part 1F of the First Schedule of the 1999 Constitution (as amended).
The nomination of Onochie who hails from Delta State, did not go down with the Peoples Democratic Party (PDP), civil society organisations and pressure groups which vehemently kicked against it on the grounds of her being a registered member of the ruling APC. Their argument was that it was in violation of Section 14(2a) of the Third Schedule of the 1999 Constitution, as amended, states that “a member of the commission shall be non-partisan and a person of unquestionable integrity.”
The outrage by the opposition had made the Senate to step down the consideration of the request last October. But at the plenary penultimate Wednesday, the Senate President, Dr. Ahmad Lawan, resurrected the issue when he read the executive communication from Buhari dated October 12, 2020, saying 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.
No sooner did Lawan finish talking than the Senate Minority Leader, Senator Enyinnaya Abaribe, challenged the nomination of Onochie. He said he was surprised that the name resurfaced again after the matter had been dealt with.
Since then, a cacophony of voices have been clamouring for the Senate to reject her.
For instance, Abaribe said: “In seconding this motion, let me point out that our people say that it is not when we have passed the evil forest that the demon will still catch us. Mr. President, we had dealt with the matter of the nomination of Lauretta Onochie. So we feel surprised that the same name has resurfaced, no longer, as a National Commissioner but now 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.”
Responding to Abaribe’s observation before referring the nominees to the Senate Committee on INEC, Lawan, said: “Thank you very much Minority Leader. But before I put the question let me clarify an issue. The nominees are not State Resident Electoral Commissioners. They are National Commissioners and there was no change of request. I think we need to clear the air on that.”
Already, the PDP has rallied its members in the Senate to block the confirmation. The party’s National Publicity Secretary, Mr. Kola Ologbondiyan, said 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. He said 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.
Ologbondiyan said: “Our position is clear, we call on all our members, particularly the senators and the House of Representatives members, to ensure that Lauretta Onochei 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 they just write numbers and results?”
So far, there have been outbursts in many quarters by opposition forces. The forces include various ograns like the Christian Association of Nigeria (CAN), Rivers State Governor, Nyesom Wike, Abaribe, erstwhile Kogi West senator, Dino Melaye, Campaign for Equal Voting Access for Persons With Disabilities (EVAPWD), and CSOs led by the Convener of Nigeria Civil Society Situation Room, have risen against her nomination and confirmation.
The PDP has threatened to resist the appointment, describing it as a provocative assault on the Nigerian Constitution and democratic process. Its spokesman, Ologbondiyan, stated that the president’s nomination of his aide portrayed him as having a personal interest in the 2023 elections. He, consequently, urged the President to withdraw the nomination to disabuse the minds of angry Nigerians.
“We had hoped that, as Mr. President had professed in the past, he is truly running his second and final term in office. If that were so, then Onochie’s nomination as INEC National Commissioner clearly points to a totally different direction.”
The leadership of the Christian Association of Nigeria (CAN) has equally condemned the nomination. The Christain umbrella body described it as executive recklessness, a dirty slap on the populace, and a gross violation of the 1999 Constitution.
CAN President, Samson Ayokunle, stated that Nigerians were happy when President Buhari said he wanted to leave a legacy of the free, fair, and credible election behind not knowing he was deceiving the citizens. He added that the nomination of his personal aide to such a sensitive position has revealed the type of electoral legacy he is working on.
The CAN President also stated that Onochie lacks objectivity, justice, and fairness that are mandatory for every member of INEC as a result of her partisan membership of a political party and by being an appointee of the ruling party. He called on the Senate to reject the nomination, stating that Onochie’s nomination clearly violated Section 156 (1) (a) of the 1999 Constitution.
“When President Buhari said he wanted to leave a legacy of free, fair and credible election behind, all right-thinking Nigerians were happy and CAN have been praying for God to grant him the grace to do so. But the nomination of his personal aide to such a sensitive position may have revealed the type of electoral legacy the President is working on,” the CAN president said.
He called on the Senate to reject the nomination, stating that it clearly violated Section 156 (1) (a) of the 1999 Constitution.
“According to Section 156 (1) (a) of the 1999 Constitution (as amended) Act No 1, 2010, a member of the INEC “shall not be a member of a political party.” Whereas Onochie is reportedly said to be a card-carrying member of the ruling party, that disqualifies her from being nominated and appointed to serve in INEC,” he said.
In a statement by Situation Room led by Clement Nwankwo said: “…Situation Room calls on President Buhari to immediately withdraw her nomination. Should the president fail to withdraw this nomination, the Senate is hereby called upon to disregard her nomination without any consideration whatsoever.”
Also, a non-governmental organisation, EVAPWD, faulted Onochie’s nomination. Its Chairman, Mr. David Anyaele, noted that the group was highly worried on the nomination of Onochie, who had been a politically exposed person for over five years running. He said the momination should be reversed in overriding public interest. The EVAPWD boss, however, called on the Senate to reject her nomination to avoid contamination of the successes recorded so far by INEC.
“The EVAPWD is worried over the nomination of Onochie, a foot soldier and senior sympathiser of the ruling APC and Senior Special Assistant to the President on Social Media as National Commissioner of INEC. The honesty and integrity of Onochie to serve as an INEC official is questionable as she has been very partisan in the last five years. Hence, Item F, paragraph 14 of the Third Schedule of the 1999 Constitution (as amended) prohibits a person with questionable integrity from serving as a member of INEC. The Senate should protect the election management body from political party influences,” he added.
The icing on the cake was a petition by the Chairman of Nigerian Bar Association Section on Public Interest and Development Law (NBA/SPIDEL), Dr. Monday Ubani to the Senate Committee on INEC to halt the confirmation,. In the petition addressed to the Chairman, Senate Committee on INEC, Senator Kabiru Gaya, Ubani pointed out that Onochie’s nomination is a clear contravention of Section 152 of the Electoral Act which provides amongst other things that no 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.
Ubani stated that as a card-carrying member of the ruling party, APC, Onochie is unfit for the position she is nominated for.
Part of the petition read: “Distinguished Senate Chairman, 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.
“Sir, 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. 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. 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? If I may ask.
“I, therefore, on behalf of the Nigerian Bar Association urge that her nomination be rejected and her confirmation be denied forthwith.”
How far can the PDP go with its renewed determination to halt the confirmation of Onochie considering that the Senate president, Lawan had shortly after his assumption of office pledged to ensure that every request of President Buhari from the Senate would be treated with most urgent alacrity? Secondly, considering the fact that out of the 109 senators in the upper lehislative chamber, the ruling APC has 65 members, and PDP has 43 while the Young Progressive Party (YDP) has one senator, will the majority not have its way?
QUOTE
The outrage by the opposition had made the Senate to step down the consideration of the request last October. But at the plenary penultimate Wednesday, the Senate President, Dr. Ahmad Lawan, resurrected the issue when he read the executive communication from Buhari dated October 12, 2020, saying 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. No sooner did Lawan finish talking than the Senate Minority Leader, Senator Enyinnaya Abaribe, challenged the nomination of Onochie. He said he was surprised that the name resurfaced again after the matter had been dealt with. Since then, a cacophony of voices have been clamouring for the Senate to reject her
