Zakari
A Lagos-based lawyer, Ebun-Olu Adegboruwa, has dragged the acting chairman of the Independent National Electoral Commission, INEC, Mrs. Amina Bala Zakari, to the Federal High Court in Lagos State, seeking her immediate removal.
Among several other reliefs, Adegboruwa wants the court to bar Zakari from parading herself as the INEC boss.
Explaining his reasons for the court action, the plaintiff said “on July 21, 2015, the statutory tenure of Mrs. Amina Bala Zakari, as a member or commissioner of INEC, came to an end. She has not been re-appointed by the President upon due consultation with the Council of State and he re-appointment has not been communicated to the Senate for confirmation. Consequently therefore, the presence of Mrs. Zakari in INEC, is a constitutional aberration that must not be allowed to continue.
“I have today, July 22, 2015, filed an action, at the Federal High Court, Ikoyi, Lagos, to declare her appointment as acting chairman of INEC as illegal and unconstitutional, for her to vacate office immediately and for the court to restrain her from presiding over the conduct of any election in Nigeria, including the governorship elections of Kogi and Bayelsa States.
“In the originating summons, I am seeking the following orders:
“A DECLARATION, that the 1strespondent is not entitled to appoint the 4th respondent as acting chairman of the 3rd respondent, such appointment being illegal, unconstitutional, null and void.
“A DECLARATION that the appointment of the 4th respondent as acting chairman of the 3rd respondent is unconstitutional, null and void and of no effect whatsoever.
“A DECLARATION that effective July 21, 2015, the 4threspondent has ceased to be a national commissioner or a member of the 3rd Respondent cannot be appointed as chairman or acting chairman of the 3rd Respondent.
“AN ORDER nullifying the appointment of the 4th Respondent, by the 1st Respondent, as the acting chairman of the 3rd Respondent, being in flagrant violation of the Constitution of the Federal Republic of Nigeria, 1999.
“AN ORDER, directing the 4th Respondent, to forthwith vacate office as acting chairman of the 3rd Respondent.
“A PERPETUAL INJUNCTION. restraining the 4th Respondent and the 4th Respondent from proceeding with the organization or conduct or supervision of any election in Nigeria, under the leadership of the 4thRespondent as its acting chairman, in violation of the Constitution of the Federal Republic of Nigeria, 1999.
“AN INJUNCTION, restraining the 4th Respondent from further parading herself or holding herself out or functioning as the chairman or acting chairman of the 4thRespondent, in violation of the Constitution of the Federal Republic of Nigeria, 1999.”
He added that “long with this case, I also filed an application for an order of interlocutory injunction to restrain Mrs. Zakari from parading herself as acting chairman or member of INEC and also to restrain her from presiding over or organizing any election in Nigeria, including the governorship elections in Kogi and Bayelsa States. These are the orders that I am seeking in the application:
“AN ORDER OF INTERLOCUTORY INJUNCTION. restraining the 4th Respondent from presiding over affairs of the 3rd Respondent or from supervising, organising or conducting any election in Nigeria, in her capacity as acting chairman of the 3rd Respondent, pending the hearing and final determination of this suit.
“AN ORDER OF INTERLOCUTORY INJUNCTION restraining the 4th Respondent from presiding over, organising or conducting the governorship elections in Kogi and Bayelsa States of Nigeria, in her capacity as acting chairman of the 3rd Respondent, pending the hearing and final determination of this suit.
“AN ORDER OF INTERLOCUTORY INJUNCTION restraining the 4th Respondent from parading herself or holding herself out as acting chairman of the 3rdRespondent, pending the hearing and final determination of this suit.
“SUCH FURTHER OR OTHER ORDERS that this Honourable Court may deem fit to make in the circumstances.”
In a 36 paragraph affidavit in support of the application, the plaintiff maintained that “Mrs. Zakari is not qualified to claim to be acting chairman of INEC as she was not appointed in line with the provisions of the 1999 Constitution.
“In particular, it is being contended that her stay in INEC expired on July 21, 2015 and same cannot renewed by the President via a letter, without consultations with the Council of States and without confirmation of the Senate. Furthermore, it is also being contended that Mrs. Zakari cannot properly exercise an independent mind or judgment, given her affinity with the President and the Governor of Kaduna State, both of whom she had worked closely and shared very intimate relations, to the extent that they could influence her decisions”.
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