Senate Rejects Tinubu’s Nominee As Rivers Electoral Commission Boss

By Ayodele Oni

Despite being nominated by President Bola Tinubu for the top job, the Nigerian Senate has told Michael Odey that he cannot be the Chairman of Rivers State Independent Electoral Commission (RSIEC).

This is just as a Civil Rights Group, the Center for Reform and Public Advocacy said that President Tinubu lacked the constitutional power to appoint officials for the Rivers State Independent Electoral Commission (RSIEC) for the purpose of conducting local government election.

Consequently, the group has asked the Senate not to give approval to the nominees of the President for appointment as Chairman and Members of the Electoral Commission.

Addressing Odey’s nomination quagmire during their screening session, the Senate Adhoc Committee on the Emergency Rule in Rivers State questioned the legality of appointing a non-indigene to preside over the State electoral body.

However, defending his eligibility arising from the Senate’s concerns over his state of origin, Odey boldly declared to the Committee-led by Senate Leader, Opeyemi Bamidele, that though he is from Cross River State, his non-indigene status should not serve as a disqualifying factor.

Odey, who hails from the same state as the Rivers State’s Sole Administrator, Vice Admiral Ibok-Ete Ibas (rtd), further explained to the Committee thus; “With utmost respect, I have gone through the RSIEC’s enabling law, and there is nothing that precludes the appointment of anybody outside the state as Chairman of the electoral management body.

“There is no law that bars a non-indigene from serving as Chairman of a state electoral commission.

“My impartiality is guaranteed because I have no affiliations in Rivers State. I will be fair and neutral,” he told the committee”.

But not swayed by Odey’s submission to the panel, Senator Opeyemi said: “We are also in possession of the law, so make it available to the committee because in my opinion, the Independent National Electoral Commission is about the Federal Republic of Nigeria. When we say State Independent Electoral Commission, it is about that state.”

Noting that the nomination raises fundamental questions about legal precedent as well as public perception, the Senate Leader said; “This is not a matter we are just going to gloss over. It has to be something we can defend.

“Even if the law does not prohibit such an appointment, we must ensure it is not repugnant to public conscience. “

The group claimed that only state governors are empowered to do so and that giving approval to the presidential nominees by the Senate would amount to flagrant breach of the 1999 Constitution.

It threatened to take legal action against the Senate should approval be granted to the President’s nomination.

In a letter to the Senate President, the group claimed that there was no vacancy for President Tinubu to fill in the Rivers State Independent Electoral Commission at the moment on the ground that tenure of those legally appointed into the Commission has not lapsed.

In the letter received in the Senate President’s Office on June 17, the group claimed that Tinubu has no constitutional power or power under any law to appoint electoral officers for Rivers or any states in the country to conduct council polls.

The group’s letter, signed by its Head, Legal Unit, Barrister Kalu Agu Kalu, maintained that it was unlawful and illegal for Tinubu to have sought to appoint electoral officers for the purpose of conducting election for local governments in Rivers.