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JEGA To Be Suspended After Meeting With Osibanjo - Politics - Nairaland

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JEGA To Be Suspended After Meeting With Osibanjo by Here2BustnScrew: 12:11am On Mar 23, 2015
Jega meeting with osibanjo in Lagos
http://www.9jagistonline.com/exposed-osibanjo-and-jega-secret-meeting-in-lagos/
simply means they are working together to make sure they accomplish their evil plan but that won't happen..

This piece will examine the legal angles of a sudden
end of tenure for Prof. Attahiru Jega, the Chairman
of the Independent National Electoral Commission.
Constitutional removal from office for misconduct
will be excluded because, since President Goodluck
Jonathan has ruled that out, any further discussion
of it will be academic. Resignation will also be
excluded because Jega has said that he won’t
resign. Ditto for terminal leave because that has
been discussed enough by my humble self and
others and it is all there in the public domain.
That leaves us with ‘suspension’ – the next
plausible avenue Jega can go, but which has been
hardly debated. If anybody is wondering why I am
writing this, then hear this: I have nothing personal
against Jega. I am merely flagging the other means,
even though latent and unpleasant, through which
his tenure might end suddenly before his date with
March 28. But as many folks don’t know, or won’t
admit, it is squarely within the powers of the
president, not the Senate, to suspend Jega and it
can happen at any time of the president’s choosing.
Below are the points and authorities:
First, under the Interpretation Act, the President has
the authority to suspend any public officer appointed
by him, regardless of whether they were subject to
Senate confirmation or not; or appointed for a fixed
tenure. Here is the black letter provisions, as
enacted at Section 11(1): ‘Where an enactment
confers a power to appoint a person either to an
office or to exercise any functions, whether for a
specified period or not, the power includes power to
remove or suspend him’.
So, there you have it in plain letters – that the
President, as the ‘appointing’ power is, ipso facto,
the ‘suspending’ power as well. And most tellingly,
while the Constitution expressly requires the
consent of the Senate before the President can
remove (not suspend) Jega, there is no similar
legislative check on the President’s power to
suspend him. Plus, pertinent laws made a clear
distinction between removal and suspension; so
there is no room for ever confusing or commingling
the two. And now this: the law clearly says that
such public officer can still be suspended despite
being appointed for a ‘specified period’. Jega was
appointed for a specified period of 5 years.
Second, if you are amongst those who argue that to
hold elections legally requires a substantive (or
Senate-confirmed) INEC chairman, you now must
know that the Constitution envisaged and took care
of that. This is found at Section 318(2), which says
that ‘Wherever it is provided that any authority or
person has power to make an appointment to an
office, such power shall be construed as including
the power to make such appointment, whether on
promotion or otherwise, or to act in any such office’.
Continuing, Section 318(3), says that ‘references to
a person holding an office shall include reference to
a person acting in such office’. And there is more at
Section 11(1) of the Interpretation Act, which says
‘Where an enactment confers a power to appoint a
person either to an office or to exercise any
functions, whether for a specified period or not, the
power includes to appoint a person to act in his
place, either generally or in regard to specified
functions, during such time as is considered
expedient by the authority in whom the power of
appointment in question is vested’.
Then, Section 11(2) adds the clincher that ‘A
reference in an enactment to the holder of an office
shall be construed as including a reference to a
person for the time being appointed to act in his
place, either as respects the functions of the office
generally or the functions in regard to which he is
appointed, as the case may be’.
The plain meaning of the foregoing provisions is
simply that our laws don’t strictly require a
substantive INEC chairman for elections to hold; and
the President can legally appoint an acting INEC
chairman, if he so chooses.Thus, other than Jega,
any of the 12 national commissioners, appointed by
the President in acting capacity, can legally proceed
to conduct the 2015 elections.
Third, having thus far established the discretionary
powers of the President to suspend Jega, let us now
turn to the reasons the President might adduce for
taking such course of action, even though nothing in
the pertinent laws require the President to give any
reasons. Yet, if he chooses to, the President can
readily take umbrage under the Constitution, which
provides at Section 160(1) that ‘any of the bodies
may, with the approval of the President, by rules or
otherwise regulate its own procedure”.
The bodies referenced above are the statutory ones
created under the Constitution, amongst which INEC
is included. So, the next logical question is whether
Jega has unilaterally been making ‘rules or
otherwise regulating INEC procedures’ without the
approval of the President? It appears he has been
doing exactly that, as is evidenced by his publicized
many acts of insubordination to the President. That
alone, without more, means that Jega has serially
and brazenly violated the letters and spirit of
Section 160 of the Constitution.
Therefore, it is no longer a question of whether he is
amenable to being suspended or not, but when and
if the President will see fit to do so, as a matter of
lawful and sound exercise of his discretionary
powers.
http://www.theopinion.ng/forget-terminal-leave-jega-can-be-suspended/

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Re: JEGA To Be Suspended After Meeting With Osibanjo by smallrincowis16(m): 12:40am On Mar 23, 2015
this is shit .
before bringing any act or statute you've to state the law(s) creating INEC and it's confinement by the statute

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Re: JEGA To Be Suspended After Meeting With Osibanjo by Here2BustnScrew: 12:45am On Mar 23, 2015
JEga must go..
Re: JEGA To Be Suspended After Meeting With Osibanjo by sheymoni(m): 12:56am On Mar 23, 2015
When jonathan & pdp were summoning jega at will it was normal but now he must go
Pdp should go & sit on hot plate jor

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Re: JEGA To Be Suspended After Meeting With Osibanjo by REMMEI(m): 12:59am On Mar 23, 2015
Here2BustnScrew:
JEga must go..



Gorilla with gorimapa..
Re: JEGA To Be Suspended After Meeting With Osibanjo by REMMEI(m): 1:00am On Mar 23, 2015
sheymoni:
When jonathan & pdp were summoning jega at will it was normal but now he must go
Pdp should go & sit on hot plate jor




No mind those clueless hypocrites..
Re: JEGA To Be Suspended After Meeting With Osibanjo by Nobody: 1:04am On Mar 23, 2015
abeg make somebody give dis JEGA rat poison naa make him commot for road...before he rigs PDP out of power
Re: JEGA To Be Suspended After Meeting With Osibanjo by politricks: 1:24am On Mar 23, 2015
Taylor86:
abeg make somebody give dis JEGA rat poison naa make him commot for road...before he rigs PDP out of power
Dont you think PDP have gave him worse. But guess what, he is going nowhere!

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Re: JEGA To Be Suspended After Meeting With Osibanjo by Ayoakinkahunsi(m): 1:35am On Mar 23, 2015
If gej had known he should have bought more than six weeks,suspending or re moving would have been very easy after his major breakthroughs in last 5 weeks doing acting any comedy at this time considering the closeness to the election day may signal dissasters and a dimishing marginal return in his graph that has be increasing at an increasing rate
Re: JEGA To Be Suspended After Meeting With Osibanjo by henryangelo: 7:09am On Mar 23, 2015
Jega must go simple
Re: JEGA To Be Suspended After Meeting With Osibanjo by clevvermind(m): 7:17am On Mar 23, 2015
Jega would still announce Jonathan as winner jor. i don't have any fear. pdp have done their work very well.
Re: JEGA To Be Suspended After Meeting With Osibanjo by PassingShot(m): 7:30am On Mar 23, 2015
Comedians are plenty here.

Dem never born the person wey go remove Jega in five days to election. The Otuoke man sef no go fit try am!

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Re: JEGA To Be Suspended After Meeting With Osibanjo by Here2BustnScrew: 7:52am On Mar 23, 2015
I trust boss jona...
Re: JEGA To Be Suspended After Meeting With Osibanjo by enoqueen: 8:25am On Mar 23, 2015
Jega will surely go, that's after he announces my able presido a victor.

GMB next Saturday.

1 Like

Re: JEGA To Be Suspended After Meeting With Osibanjo by RockMaxi: 8:41am On Mar 23, 2015
@OP, couldn't see anything linking Osibanjo to this your post....

Re: JEGA To Be Suspended After Meeting With Osibanjo by omolami: 9:31am On Mar 23, 2015
The whole of Nigeria know that Jega has plans to truncate and rig the coming election for APC. It is not a news any longer that he does things without brieffing the national executives or NASS he thinks he is d alfa and omega on election matters. He wouldnt listen to advise and will joyfully do things in contrary to d constitution. I wonder if the election was to hve been held on Feb 14. The disaster could be imagined. My advise to the government is to collate all Jega's attrocities on this election for pr
Re: JEGA To Be Suspended After Meeting With Osibanjo by omolami: 9:42am On Mar 23, 2015
collate his attrocities for preidential address to the nation and then be suspended forthwith. He could not see CAN president but cn go and sleep in OBJ house to perfect rigging process. Knowing fully well th OBJ is the grndfather of all things gainst Jonathan. Mr Jonathan should use his powers .The time to use it is now.
Re: JEGA To Be Suspended After Meeting With Osibanjo by joe4christ(m): 9:42am On Mar 23, 2015
Senseless thread from a senseless OP
Re: JEGA To Be Suspended After Meeting With Osibanjo by noordean(m): 10:21am On Mar 23, 2015
Here2BustnScrew:
JEga must go..
I love this chorus of urz..kip it up

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