INEC lacks power to sack, dismiss a commissioner – Okoye

Contrary to reports that Independent National Electoral Commission (INEC) has sacked a Resident Electoral Commissioner, the Chairman Information and Voter Education Committee of the Commission, Festus Okoye Esq, has said the commission does not have the power to sack or dismiss any REC.

In a statement on Friday Okoye said since INEC was the  appointing authority,  what the Commission has done is to withdraw the powers donated to him (REC Cross River State) by the Commission

He stated that the Cross River REC still remains a REC until he resigns properly or until he is removed by the president who is the appointing authority.

“The truth of the matter is that the Commission does not have the power to sack or dismiss any REC because we are not the appointing authority, so what the Commission has done is to withdraw the powers donated to him (REC Cross River State) by the Commission but he still remains a REC until he resigns properly or until he is removed by the president who is the appointing authority” .

He further said: “the Resident Electoral Commissioners in all the federation are appointed the way National Commissioners of INEC are appointed. We are appointed by the President of the Federal Republic of Nigeria subject to confirmation by the Senate.

“The way National Commissioners are removed is the same way RECs are removed. A REC or National Commissioner of INEC can only be removed by the President of the Federal Republic of Nigeria on an address to the Senate supported by two-thirds majority and the National Commissioner or REC can only be removed for inability to perform his or her functions or for misconduct”.

On resignation, he said: “A REC or a National Commissioner of the Commission can resign his appointment to the appointing authority, in this case the president of the Federal Republic.  Before you are appointed as a National Commissioner or REC, the law or the Constitution requires that you should not be a member of any political party and the implication is that for the 5 year period you remain as a REC or National Commissioner, you are not supposed be a member of a political party because you have become an umpire and an umpire cannot be seen or said to be a card carrying member of any political party.

“Since he (REC Cross River)has done what he has done and compromised his independence, we have removed all the powers donated to him by the Commission and all those powers now reside with the Administrative Secretary in the state”, the IVEC Chairman said.

Leave a Reply