Court Restrains Jonathan From ‘Sacking’ Jega

Attahiru Jega, Chairman of the Independent National Electoral Commission (INEC)

A federal high court in Lagos on Thursday restrained President Goodluck Jonathan from going ahead with any real or imaginary plans to sack Attahiru Jega, a professor and chairman of the Independent National Electoral Commission (INEC). A copy of the order dated March 25 was obtained by TheCable.

TheCable report continues:

Mohammed Yunusa, the trial judge, restrained the federal government or any other body or agency from sacking Jega pending the determination of a suit filed by two political parties, Independent Democratic Party (IDP) and the Action Alliance (AA).

Yunusa ordered that the government, its privies and agents to stay action on the removal of the INEC boss, pending the determination of the motion on notice filed before him by the two political parties.

He adjourned the matter to April 23, 2015 for report of compliance.

In a motion ex-parte dated March 24, the two political parties prayed for an order of interim injunction restraining the president or any person, political party or anybody, whether by themselves or by their servants, agents, privies or successors or otherwise however described, from taking steps to review, regulate or jettison the procedure and guidelines provided by INEC for the conduct of the 2015 general election in the country, pending the hearing and determination of the motion on notice.

The parties also prayed for an order of interim injunction directing Jonathan or any other persons or their agents to cause the removal of Jega except in compliance with Section 157(1) of the constitution of the Federal Republic of Nigeria,1999 pending the hearing and determination of the motion on notice.

They further requested for an order of interim injunction restraining Jonathan or any other persons or their agents from tampering, and/or obstructing the INEC chair from discharging his function as he deems fit in compliance with the 1999 constitution (as amended) pending the hearing and determination of the motion on notice.

The parties prayed for an order urging the president and his agents to maintain status quo pending the hearing and determination of the motion on notice.

The defendants in the matter are the attorney-general of the federation, Mohammed Adoke (SAN) and the Independent National Electoral Commission(INEC).

It would be recalled that Jonathan had said at his last presidential media chat that he had the powers to remove Jega, because he who appoints could sack.

But the president’s position was objected by many groups and parties who insisted that the procedures for removal of INEC chairman were clearly stated in the country’s laws, and that the president was legally wrong in his statement.