Reject Onochie’s Nomination, It’s Unconstitutional, Fmr. NBA 2nd VP, Ubani, Writes Senate

Former 2nd Vice-president of the Nigeria Bar Association, NBA
and principal of Ubani and Co. law firm, Monday Ubani has urged the
Senate to reject the nomination and confirmation of Lauretta
Onochie as the Independent National Electoral Commission (INEC)
Commissioner, saying her nomination is unconstitutional.

He added that whoever is being nominated by the President to
serve as INEC Commissioner, Chairman or as an unbiased Umpire for
National elections must be in compliance with the law and must be
persons that, the general public view as not being partisan or
compromised in any form or manner.

Ubani, Chairman of the NBA Section on Public Interest and
Development Law, in a letter written to Senator Kabiru Gaya,
Chairman Senate Committee on INEC said the nomination of Mrs.
Lauretta Onochie, a clearly partisan individual by the President,
an individual who has in recent years publicly displayed her
partisanship and undying support for the ruling Party in her
utterances, conduct and interaction with the Public cannot and
should not serve as INEC Commissioner, a role reserved for an
unbiased Umpire. I on-behalf of the Nigerian Public urge the Senate
to righteously reject her nomination and confirmation
forthwith.

Ubani’s letter to Senator Gaya was titled: “Objection Of The
Confirmation Of Lauretta Onochie As INEC Commissioner.”

The letter reads in part: “I write this letter of objection to
your sir at this critical and turbulent times in our Nation’s
history, and I strongly believe that the Senate as a democratic
institution of this great Country, has what it takes at this trying
times to save and preserve Nigeria from heckling down to hell.

“Sometime in October 2020, Mrs. Lauretta Onochie, was nominated
by President Muhammadu Buhari as an INEC Commissioner. Mrs Lauretta
Onochie, who until her nomination by the President, served as the
President’s Personal Assistant and was an unapologetic member of
the ruling party the All Progressive Congress (APC) hence, her
nomination by the President as INEC Commissioner, a position that
the law prescribes the holder of same should be non-partisan, is
ultra-vires and unconstitutional.

“Recently her name came up for confirmation by the senate after
an initial set back, therefore, as a concerned citizen of this
great country, and as a Constitutional Legal Practitioner with
grave concern for the preservation and sustainability of our very
fragile democracy, I hereby strongly object to the nomination of
Mrs. Lauretta Onochie by the President and her intended
confirmation of her nomination by the Senate.

“Distinguished Senate Chairman, considering the reality of
Nigeria today, with the high level of insecurity, ethnic tensions
and mistrust among Citizens, the decline in trust and confidence by
the Citizens in their elected officials and democratic institutions
to mention a few, it is very important, that as the next election
draws closer, whoever is to be nominated by the President to serve
as INEC Commissioner, Chairman or as an unbiased Umpire for
National elections must be in compliance with the law and must be
persons that, the general public view as not being partisan or
compromised in any form or manner.

“Sir, Section 152 of the Electoral Act, provides that. “no
person holding an elective office to which this act relates or a
registered member of a Political Party shall be eligible for or be
appointed to carry out duties of a returning officer, an electoral
officer, presiding officer or Poll Clerk”. Therefore, the
nomination of Mrs. Lauretta Onochie, a clearly partisan individual
by the President, an individual who has in recent years publicly
displayed her partisanship and undying support for the ruling Party
in her utterances, conduct, and interaction with the public cannot
and should not serve as INEC Commissioner, a role reserved for an
unbiased Umpire. I on behalf of the Nigerian Public urge the Senate
to righteously reject her nomination and confirmation
forthwith.

“For emphasis; As a card-carrying member of the ruling party or
any other party for that matter, she is unfit for the position she
is nominated. I also doubt that Section 154 (3) of the constitution
was complied with, which prescribe that the President nominates
INEC Commissioner in consultation with the Council of State.
Paragraphs B of Part 1 of the 3rd Schedule of the constitution
provides that the Council of State shall have power to advise the
President in the exercise of his power with respect to (iv) the
INEC including the appointment of members of the Commission. When
was this Section and paragraph complied with? If I may ask.

“Most importantly paragraph 14 of part I of the third schedule
of the constitution as amended in Section 30 No. 1 of 2010, a
member of INEC should be “non-partisan”, can Mrs. Lauretta Onochie
be regarded by anyone in Nigeria, knowing her antecedent as the
Special Assistant to the President as “non-partisan” under the
Nigerian context? The right answer is No.

“I, therefore, on behalf of the Nigerian Bar Association urge
that her nomination be rejected and her confirmation be denied
forthwith.”

Former 2nd Vice-president of the Nigeria Bar Association, NBA
and principal of Ubani and Co. law firm, Monday Ubani has urged the
Senate to reject the nomination and confirmation of Lauretta
Onochie as the Independent National Electoral Commission (INEC)
Commissioner, saying her nomination is unconstitutional.

He added that whoever is being nominated by the President to
serve as INEC Commissioner, Chairman or as an unbiased Umpire for
National elections must be in compliance with the law and must be
persons that, the general public view as not being partisan or
compromised in any form or manner.

Ubani, Chairman of the NBA Section on Public Interest and
Development Law, in a letter written to Senator Kabiru Gaya,
Chairman Senate Committee on INEC said the nomination of Mrs.
Lauretta Onochie, a clearly partisan individual by the President,
an individual who has in recent years publicly displayed her
partisanship and undying support for the ruling Party in her
utterances, conduct and interaction with the Public cannot and
should not serve as INEC Commissioner, a role reserved for an
unbiased Umpire. I on-behalf of the Nigerian Public urge the Senate
to righteously reject her nomination and confirmation
forthwith.

Ubani’s letter to Senator Gaya was titled: “Objection Of The
Confirmation Of Lauretta Onochie As INEC Commissioner.”

The letter reads in part: “I write this letter of objection to
your sir at this critical and turbulent times in our Nation’s
history, and I strongly believe that the Senate as a democratic
institution of this great Country, has what it takes at this trying
times to save and preserve Nigeria from heckling down to hell.

“Sometime in October 2020, Mrs. Lauretta Onochie, was nominated
by President Muhammadu Buhari as an INEC Commissioner. Mrs Lauretta
Onochie, who until her nomination by the President, served as the
President’s Personal Assistant and was an unapologetic member of
the ruling party the All Progressive Congress (APC) hence, her
nomination by the President as INEC Commissioner, a position that
the law prescribes the holder of same should be non-partisan, is
ultra-vires and unconstitutional.

“Recently her name came up for confirmation by the senate after
an initial set back, therefore, as a concerned citizen of this
great country, and as a Constitutional Legal Practitioner with
grave concern for the preservation and sustainability of our very
fragile democracy, I hereby strongly object to the nomination of
Mrs. Lauretta Onochie by the President and her intended
confirmation of her nomination by the Senate.

“Distinguished Senate Chairman, considering the reality of
Nigeria today, with the high level of insecurity, ethnic tensions
and mistrust among Citizens, the decline in trust and confidence by
the Citizens in their elected officials and democratic institutions
to mention a few, it is very important, that as the next election
draws closer, whoever is to be nominated by the President to serve
as INEC Commissioner, Chairman or as an unbiased Umpire for
National elections must be in compliance with the law and must be
persons that, the general public view as not being partisan or
compromised in any form or manner.

“Sir, Section 152 of the Electoral Act, provides that. “no
person holding an elective office to which this act relates or a
registered member of a Political Party shall be eligible for or be
appointed to carry out duties of a returning officer, an electoral
officer, presiding officer or Poll Clerk”. Therefore, the
nomination of Mrs. Lauretta Onochie, a clearly partisan individual
by the President, an individual who has in recent years publicly
displayed her partisanship and undying support for the ruling Party
in her utterances, conduct, and interaction with the public cannot
and should not serve as INEC Commissioner, a role reserved for an
unbiased Umpire. I on behalf of the Nigerian Public urge the Senate
to righteously reject her nomination and confirmation
forthwith.

“For emphasis; As a card-carrying member of the ruling party or
any other party for that matter, she is unfit for the position she
is nominated. I also doubt that Section 154 (3) of the constitution
was complied with, which prescribe that the President nominates
INEC Commissioner in consultation with the Council of State.
Paragraphs B of Part 1 of the 3rd Schedule of the constitution
provides that the Council of State shall have power to advise the
President in the exercise of his power with respect to (iv) the
INEC including the appointment of members of the Commission. When
was this Section and paragraph complied with? If I may ask.

“Most importantly paragraph 14 of part I of the third schedule
of the constitution as amended in Section 30 No. 1 of 2010, a
member of INEC should be “non-partisan”, can Mrs. Lauretta Onochie
be regarded by anyone in Nigeria, knowing her antecedent as the
Special Assistant to the President as “non-partisan” under the
Nigerian context? The right answer is No.

“I, therefore, on behalf of the Nigerian Bar Association urge
that her nomination be rejected and her confirmation be denied
forthwith.”