CSOs Sue Buhari Over Nomination Of Lauretta Onochie As INEC Commissioner

A coalition of nine civil society organisations (CSOs) has
instituted a lawsuit against President Muhammadu Buhari over the
nomination of Lauretta Onochie, a presidential aide, as
commissioner of the Independent National Electoral Commission
(INEC).

Onochie was nominated as an INEC commissioner by President
Muhammadu Buhari in October 2020.

Eight months after her nomination, Ahmad Lawan, senate
president, asked the committee on INEC to commence the screening
process.

In a suit marked FHC/ABJ/CS/604/2021, filed before a federal
high court in Abuja on Tuesday, the CSOs are asking the court to
determine whether the president “can nominate a card-carrying
member or members of his political party or any other political
party in Nigeria, as a national commissioner or resident electoral
commissioner for the independent national electoral commission”,
contrary to Sections 14 (2a), 14 (3), 14 (3b), 14 (4) and Section
154 (1) of the Constitution of the federal republic of Nigeria 1999
(as amended in 2011).

In the originating summons , the applicants are asking the court
to declare the nomination of “Lauretta Onochie, a well-known Member
of the All Progressives Congress and current serving personal
assistant on social media to the 1st defendant (Buhari), as a
national commissioner for the Independent National Electoral
Commission”, as “wrongful, illegal, null and void and same
nullified”.

Amongst other reliefs sought, they are also asking the court for
an order of perpetual injunction “restraining the 3rd and 4th
defendants (the senate and Kabiru Gaya) from referring,
considering, screening, deliberating or confirming the nomination
of Ms Lauretta Onochie”.

In the affidavits deposed by Ezenwa Nwagwu, board member of the
incorporated trustees of YIAGA Africa Initiative, in support of the
originating summons, the plaintiffs submitted that considering the
close affinity with Buhari and his administration, “Onochie cannot
be a fair and unbiased umpire to serve in the Independent National
Electoral Commission.”

“That her criticism and constant denigration of political
opponents cannot allow such opponents to be at ease seeing a member
of another political party presiding as a supposed unbiased
umpire,” they added.

“That based on the various baseless, bigoted and inaccurate
activities of Ms Lauretta Onochie, especially on the social media,
she is not a person of integrity capable of occupying a sensitive
and trusted position as that of a National Commissioner of the
Independent National Electoral Commission.”

The CSOs include the International Press Centre, Centre for
Citizens with Disability, Nigerian Women Trust Fund, Incorporated
Trustees of Albino Foundation, Incorporated Trustees of Civil
Society Legislative Advocacy Centre, and Incorporated Trustees of
Peering Advocacy and Advancement Centre in Africa.

Others are Incorporated Trustees of Centre for Journalism
Innovation and Development, Incorporated Trustees of Centre for
Media and Society, Incorporated Trustees of YIAGA Africa
Initiative.

Aside from Buhari, other defendants in the suit are the
attorney-general of the federation (AGF), the senate of the federal
republic of Nigeria, and Kabiru Gaya, chairman of the senate
committee on INEC.

A coalition of nine civil society organisations (CSOs) has
instituted a lawsuit against President Muhammadu Buhari over the
nomination of Lauretta Onochie, a presidential aide, as
commissioner of the Independent National Electoral Commission
(INEC).

Onochie was nominated as an INEC commissioner by President
Muhammadu Buhari in October 2020.

Eight months after her nomination, Ahmad Lawan, senate
president, asked the committee on INEC to commence the screening
process.

In a suit marked FHC/ABJ/CS/604/2021, filed before a federal
high court in Abuja on Tuesday, the CSOs are asking the court to
determine whether the president “can nominate a card-carrying
member or members of his political party or any other political
party in Nigeria, as a national commissioner or resident electoral
commissioner for the independent national electoral commission”,
contrary to Sections 14 (2a), 14 (3), 14 (3b), 14 (4) and Section
154 (1) of the Constitution of the federal republic of Nigeria 1999
(as amended in 2011).

In the originating summons , the applicants are asking the court
to declare the nomination of “Lauretta Onochie, a well-known Member
of the All Progressives Congress and current serving personal
assistant on social media to the 1st defendant (Buhari), as a
national commissioner for the Independent National Electoral
Commission”, as “wrongful, illegal, null and void and same
nullified”.

Amongst other reliefs sought, they are also asking the court for
an order of perpetual injunction “restraining the 3rd and 4th
defendants (the senate and Kabiru Gaya) from referring,
considering, screening, deliberating or confirming the nomination
of Ms Lauretta Onochie”.

In the affidavits deposed by Ezenwa Nwagwu, board member of the
incorporated trustees of YIAGA Africa Initiative, in support of the
originating summons, the plaintiffs submitted that considering the
close affinity with Buhari and his administration, “Onochie cannot
be a fair and unbiased umpire to serve in the Independent National
Electoral Commission.”

“That her criticism and constant denigration of political
opponents cannot allow such opponents to be at ease seeing a member
of another political party presiding as a supposed unbiased
umpire,” they added.

“That based on the various baseless, bigoted and inaccurate
activities of Ms Lauretta Onochie, especially on the social media,
she is not a person of integrity capable of occupying a sensitive
and trusted position as that of a National Commissioner of the
Independent National Electoral Commission.”

The CSOs include the International Press Centre, Centre for
Citizens with Disability, Nigerian Women Trust Fund, Incorporated
Trustees of Albino Foundation, Incorporated Trustees of Civil
Society Legislative Advocacy Centre, and Incorporated Trustees of
Peering Advocacy and Advancement Centre in Africa.

Others are Incorporated Trustees of Centre for Journalism
Innovation and Development, Incorporated Trustees of Centre for
Media and Society, Incorporated Trustees of YIAGA Africa
Initiative.

Aside from Buhari, other defendants in the suit are the
attorney-general of the federation (AGF), the senate of the federal
republic of Nigeria, and Kabiru Gaya, chairman of the senate
committee on INEC.