Lagos lawyer, Femi Falana, has said that the chairman of the Independent National Electoral Commission, INEC, Atahiru Jega, cannot go on terminal leave or resign as speculated.
Mr. Falana, a Senior Advocate of Nigeria, said this while speaking to journalists during the Nigerians United for Democracy rally held at Ojota, Lagos on Saturday.
He maintained that the INEC chair is not a civil servant and thus cannot go on terminal leave.
“There is no provision…Jega has a 5 year tenure which is renewable under section 155 of the constitution. There is no provision for sabbatical or terminal leave. Jega is not a civil servant to be ordered by the head of service to proceed on leave and in any case, you can’t go on leave when the basic duty for which the constitution has appointed you is been performed so there is no room for resignation or sabbatical leave,” Mr. Falana said.
He maintained that the general elections cannot be further postponed stating that the constitution states that elections must hold 30 days before handing over date.
“Constitutionally, elections cannot be further postponed; if the government does it, it will be asking for anarchy and there is no provision for it in the constitution. The president has repeatedly assured Nigerians that there is no room for interim national government.
“We have also been told that there will be no coup, therefore, we have to operate within the ambit of the law and that is why you cannot go beyond April 11 to conduct election because under the constitution, election must be held not later than 30 days to the handing over date. That means all the elections must be completed before April 29,” he said.
Mr. Falana said the rally was not in support of any political party but to warn the government not to tamper with the new election dates.
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