TheCable

Amina Zakari is an illegal chairperson of the Independent National Electoral Commission (INEC), Ayo Fayose, governor of Ekiti state, has alleged.

He also said Zakari is an in-law to President Muhammadu Buhari and should not have been appointed in the first place.

In a statement issued on Sunday, Fayose said the most honourable thing for Buhari “is to rescind the unlawful appointment of Mrs Zakari as INEC acting chairperson”.

He said the tenure of Zakari as national electoral commissioner has already expired and she can no longer preside over the body “except if duly appointed as substantive Chairman of the commission as provided in Section 154 (1) and (3) of the 1999 Constitution (as amended)”.

Fayose said: “Two weeks ago, respected former lawmaker and former top civil servant, Alhaji Tanko Yakassai, revealed that he knew Mrs. Zakari since childhood, and that her late father, the former Emir of Kazaure, was married to President Buhari’s elder sister.

“Alhaji Yakassai went on to reveal that President Buhari lived with and spent a significant part of his early years in the home of Amina Zakari’s father.

“This is enough establishment of conviviality between Mrs Zakari and President Buhari, whose party, the All Progressives Congress (APC) will be standing elections with other political parties this year and this will no doubt cast credibility aspersion on any election conducted by INEC headed by Mrs Zakari.”

He said section 153 of the 1999 Constitution, which established INEC, does not make any provision for the appointment of acting chairman.

Fasoye said: “Section 154 (3) provided that the President shall consult the Council of State in exercising his powers to appoint a person as the chairman of INEC and there is no record of such consultation before the appointment of Mrs Zakari as INEC ‘Acting Chairperson’.

“The only requisite condition for Mrs Zakari to be acting as the chairman of INEC is that she must be a National Electoral Commissioner and her tenure as National Electoral Commissioner ended on July 21, 2015.

“As at today, there are four National Electoral Commissioners in INEC instead of 12. They are Abdukadir Sulaimanu Oniyangi, Mohammad Ahmad Wali, Chris Iyimoga and Lawrence Nwuruku. If anyone should act as INEC chairman, it should be any of the remaining four National Electoral Commissioner, not someone whose tenure has expired.

“The danger in this is also that any action taken by INEC with Mrs Zakari as its head will amount to illegality and it is hoped that President Buhari will avoid plunging Nigeria into an avoidable legal quagmire by rescinding immediately, the illegal appointment of Mrs Zakari as INEC Acting Chairperson, a position that is not known to the Constitution of Nigeria.

“Therefore, ignoring facts suggesting that the INEC Acting Chairperson and President Buhari are in-laws is dangerous to democracy in the country, and lovers of democracy in the country must rise in defence of the impartiality of INEC now.”

The Peoples Democratic Party (PDP) has also protested against the appointment of Zakari who succeed Attahiru Jega, a professor of political science, on June 30, 2015.