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Nairaland Forum / Nairaland / General / Politics / Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. (39406 Views)
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Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by nigerianchoice: 8:49pm On Feb 09, 2015 |
In the interest of full disclosure, let me say from the outset that this piece is nonpartisan. It is, instead, an apolitical academic exercise, primarily intended as a simple legal treatise, without being personal, on the legalities of tenure of Prof Attahiru Jega as INEC Chairman. Having said that, let me then give reasons why Jega’s tenure legally or actually comes to end on March 24, 2015, instead of the presumptive June 24, 2015. Jega was appointed by President Jonathan on June 8, 2010, and confirmed by the Senate on June 24, 2010. Under the law, his tenure runs for five years. Mathematically, therefore his tenure ‘exactly’ ends on June 24, 2015, counting from the date of Senate confirmation. But accordingly to extant rules and our time-honored conventions, his tenure ‘actually’ comes to an end on March 24 because he is required, without more, to compulsorily proceed on terminal leave three months to the mathematical end of his tenure. And this is being very generous because, if you go by the ‘doctrine of relation back’, a strong case can be made that his terminal leave shall commence on March 8 (the date he was appointed), instead of March 24 (the date he was confirmed). For those who might argue otherwise, there are legions of precedents, including, most notably, that of Jega’s predecessor, Prof Maurice Iwu. Iwu’s tenure was due to expire on June 13, 2010. However, on April 28, 2010, then acting President Jonathan, ordered Iwu to proceed on terminal leave. That Iwu’s own terminal leave was less than three months to his mathematical five years was probably a matter of expediency of that turbulent era and presidential grace, to boot. In recent times, we have seen other equally constitutionally-tenured public servants proceed on terminal leave before the exact date of expiration of their tenure. Here are few examples. Former IGP Abubakar’s tenure was due to end on July 30, 2014 but he proceeded or was sent on terminal leave on May 12, 2014. Former Chief Justice of the Federation, Justice Dahiru Musdapher voluntarily proceeded on terminal leave three months before the constitutional or mathematical end of his tenure. Ditto for former PCA, Justice Salami, even though his own was somewhat exceptional because he was on suspension when his terminal leave clock began to tick. I might add that Salami fought his for its exceptional equities but still lost. Jega has no such equities. To underscore that there are no exceptions, the Federal Government, in a well-received circular issued by the former Head of Service, Alhaji Isa Bello Sali, had “called on those affected to comply with immediate effect by observing the three months terminal leave as provided for in the extant Rules”. Unarguably, those affected included, without exceptions, all public servants that have constitutional or legal tenure, either based on fixed tenure-track, as in the case of Iwu, Jega, etc; or straight retirement based on 35 years service (the IGP) or age (Justice Musdapher). According to the circular, which is captioned ‘Three Months Pre-Retirement/Terminal Leave’, the government stated that “It has been observed that the mandatory notice of retirement for officers who are due to retire is not being observed as provided for in the extant rules. Accordingly, it has become necessary to reiterate the provisions of Public Service Rules (PSR) 100238 which states that officers are required to give three months notice of their retirement from service terminating on the effective date of their retirement”. For avoidance of doubt, the term retirement, in context, applies, mutatis mutandis, to those on fixed tenure like Jega. The circular was addressed and sent to the Chief of Staff to the President, Chief Justice of the Federation, all Ministers, Secretary to the Government of the Federation, Service Chiefs, the Inspector-General of Police, Chairman Federal Civil Service Commission, the Chairman, Economic and Financial Crimes Commission (EFCC), and the Chairman of Independent National Electoral Commission (INEC). Others are Heads of extra-ministerial departments, the Accountant-General of the Federation, Auditor-General of the Federation, Surveyor-General of the Federation, Directors-General/chief executives of parastatals and agencies. So, as we can see from above, it is left for Jega to decide between these two options: It is either he voluntarily proceeds on his terminal leave by March 24, 2015, or he may be forced to do so by executive fiat. If, however, he is emboldened to sit tight, he has to know that any extra day he spends in office beyond March 24 is not by any force of law but by the sheer good graces of President Jonathan. From: Aloy Ejimakor. Esq. 41 Likes 8 Shares
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Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by 0700Jesse(m): 8:51pm On Feb 09, 2015 |
Abeg make una free Jega., the postponement of the election would favor those that haven't collected their PVC!! 28 Likes 4 Shares |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by borntosave: 8:52pm On Feb 09, 2015 |
Hmm,nice compilation of facts. 25 Likes 5 Shares |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by Phoshkrown: 8:55pm On Feb 09, 2015 |
What else do you expect? Check my signature for the truth, take action! 2 Likes 2 Shares |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by Nobody: 8:58pm On Feb 09, 2015 |
He will join the gej train to otuoke 8 Likes 1 Share |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by okonja(m): 9:04pm On Feb 09, 2015 |
20 Likes 3 Shares |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by living2013(m): 9:19pm On Feb 09, 2015 |
There is no smoke without fire The election postponement is pregnant More drama are yet to unfold But God will surely see us through 92 Likes 4 Shares |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by disloman(m): 9:21pm On Feb 09, 2015 |
Brightology2:This is d most f00lish n stup1d comment av ever read on nairaland. 230 Likes 10 Shares |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by jayseehe(m): 9:24pm On Feb 09, 2015 |
If PDP think they can postpone the election till when Jega's tenure is over, they must be joking. 44 Likes 1 Share |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by Prophessor(m): 9:24pm On Feb 09, 2015 |
Cv |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by Prophessor(m): 9:25pm On Feb 09, 2015 |
Koroaso:come, are you a paid apc thug on nairaland Nairalanders you guys should check the topic on front page below this one and you will see the same post Smh 17 Likes 2 Shares |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by Nobody: 9:26pm On Feb 09, 2015 |
Hmmmmm...not so sure of the March 28th date again. Let peace reign in Nigeria. God bless President GEJ. Politics should not be a do or die game. That we don't support one candidate should not make us enemy. 12 Likes 1 Share |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by MadCow1: 9:26pm On Feb 09, 2015 |
Wow |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by bizlifelines(m): 9:26pm On Feb 09, 2015 |
Nigeria I hail thee! The world's capital of political jingo-surmmersault 1 Like
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Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by Nobody: 9:26pm On Feb 09, 2015 |
I do not like Nigerian politics. 7 Likes |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by Nobody: 9:27pm On Feb 09, 2015 |
interesting!! the summary is that Jega is due to start his terminal leave march 24 but he may not necessarily commence on that date because it is still in the power of the president to let him remain there a little longer into his terminal leave. GEJ cannot and will not suddenly appoint a new chairman just four days to the election, Jega may even stay till the swearing in on 29th May. So please all these conspiracy theorists, kindly concentrate on polishing your PVCs ([size=2pt]or burning them[/size]) GEJ till Kim Kardashian joins Lord Chosen 52 Likes 3 Shares |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by tdayof(m): 9:27pm On Feb 09, 2015 |
Jesus by Law? Is there law in Nigeria? 3 Likes 1 Share |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by edogram1(m): 9:27pm On Feb 09, 2015 |
is that why they pronsponed the election to sanction jaga? 4 Likes |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by scribble: 9:27pm On Feb 09, 2015 |
JONA 7 Likes 1 Share |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by ozo13(m): 9:28pm On Feb 09, 2015 |
Be deceiving ya sef.that was d last question he answered during that election postponement press conference. Think he said somefin like June or july |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by slap1(m): 9:28pm On Feb 09, 2015 |
Shittt just got real! 36 Likes 3 Shares |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by AONO: 9:28pm On Feb 09, 2015 |
Lobatan! the opposition played a very good political game by using osinbanjo as VP (a prof and a pastor of one of the biggest church in Nigeria) but the presidency is now playing a more mature game by constitutionally remove jega but note one 'He who laugh last laugh best' 14 Likes |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by alaoeri: 9:28pm On Feb 09, 2015 |
Jega tenure expire on June 30th, TANoids have come with another propaganda again oh but whether they like it or not GEJ is going back to Otuoke because we have know the number of votes that will emanate from each region & with the looks of things GMB is winning. 36 Likes 1 Share |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by MrIncrediible(m): 9:28pm On Feb 09, 2015 |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by purplesummer(f): 9:29pm On Feb 09, 2015 |
Want of jurisdiction |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by Descartes: 9:29pm On Feb 09, 2015 |
bushdoc9919:...the best in the whole world. 2 Likes 1 Share |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by Bevista: 9:29pm On Feb 09, 2015 |
Brightology2: |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by Lakayanah: 9:29pm On Feb 09, 2015 |
You people should go and beg Tunde Bakari to readjust his chair on his alter if not no elections. He has tied the elections with the juju on his alter. 4 Likes |
Re: Jega’s Tenure Ends On March 24, 2015 By Operation Of Law. by Bevista: 9:29pm On Feb 09, 2015 |
Brightology2:I'll take that as Sarcasm 7 Likes |
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