SERAP, BudgIT, 34 Others Sue Tinubu Over Appointments Of INEC RECs

Socio-Economic Rights and Accountability Project (SERAP), BudgIT and 34 concerned Nigerians have filed a lawsuit against President Bola Tinubu over the appointment of new Resident Electoral Commissioners (RECs) for the Independent National Electoral Commission (INEC). The group said at least four of the new appointees are members of the All Progressives Congress (APC) and allies of high-ranking politicians. The Senate had confirmed the appointment of seven out of 10 newly appointed RECs for INEC. The alleged APC members appointed as RECs include those from Akwa Ibom, Edo, Lagos and Rivers states. In the suit number FHC/L/CS/2353/2023 filed last Friday at the Federal High Court in Lagos, the Plaintiffs are seeking: “an order setting aside the nomination, confirmation and appointment of the alleged APC members as RECs for INEC, for being unconstitutional, unlawful, null, void and of no effect.” The Plaintiffs are also seeking: “an order of mandamus to compel President Tinubu and Senate President Mr Godswill Akpabio to remove the alleged APC members as RECs for INEC, in line with Section 157 of the Nigerian Constitution 1999 [as amended].” The Plaintiffs are also seeking: “an order of mandamus to direct and compel President Tinubu to appoint qualified Nigerians who are persons of unquestionable integrity and a non-member of a political party or loyalist to the positions of RECs for INEC, in line with Paragraph 14(3)(b)(c), Third Schedule and Section 156 of the Nigerian Constitution.” In the suit, the Plaintiffs are arguing that: “The status, powers, independence of INEC, and the impartiality with which it acts and is seen to be allowed to act, are fundamental to the integrity of Nigeria’s elections and effectiveness of citizens’ democratic rights.” The Plaintiffs are also arguing that, “INEC ought to be the primary guarantor of the integrity and purity of the electoral process. President Tinubu and the Senate have the constitutional responsibilities to ensure both the appearance and the actual independence and impartiality in the nomination and confirmation of INEC top officials.” According to the Plaintiffs, “The credibility and legitimacy of elections depend mostly on the independence and impartiality of those appointed to manage the process. Without an independent and impartial INEC, the democratic rights of Nigerians would remain illusory.” The Plaintiffs are arguing that, “Anyone to be appointed as RECs for INEC must clearly be non-partisan, independent, impartial and neutral. INEC officials ought to be able to discharge their legal duties and implement the Electoral Act without fear or favour.” The Plaintiffs are also arguing that, “Nigeria’s electoral body must enjoy the independence from direction or control, whether from the government or any other quarter. It must be accountable to the electorate, and act accordingly.” The suit filed on behalf of the Plaintiffs by their lawyers, Kolawole Oluwadare and Andrew Nwankwo, read in part: “As public officers, President Tinubu and Mr Godswill Akpabio are required to act in conformity with their oath of office and the letter and spirit of the Nigerian Constitution 1999 [as amended]. “Treating INEC as a line department accountable to bureaucratic higher-ups and high-ranking politicians rather than as an independent and impartial body is antithetical to constitutional and international standards and the notion of the rule of law. “The use of the word ‘non-partisan’ means that those to be appointed to conduct credible elections must not be people who openly identify as belonging to a political party, whose occupation is politics or who are perceived by ordinary Nigerians as having political biases. “Section 153(1) (f) of the Nigerian Constitution provides that ‘There shall be established for the Federation the following bodies, namely – (f) Independent National Electoral Commission. “Section 156(1) of the Nigerian Constitution provides among others that, ‘in the case of the Independent National Electoral Commission, he[she] [the person to be appointed as a REC] shall not be a member of a political party.’ “Paragraph 14 of the Third Schedule of the 1999 Constitution provides among others that ‘2. A member [of INEC] shall –a. be non-partisan and a person of unquestionable integrity… 3. a Resident Electoral Commissioner shall –b. be a person of unquestionable integrity and shall not be a member of any political party.’ “Under Section 6(4) of the Electoral Act 2022, ‘The appointment of a Resident Electoral Commissioner shall be in compliance with section 14 (3) of the Nigerian Constitution.’ “The nomination, confirmation and appointment of the alleged APC members as RECs for INEC is a breach of Section 6(4) of the Electoral Act 2022 and Section 156(1)(a) and Paragraph 14 of the Third Schedule of the 1999 Constitution.” They further noted that “Those recently appointed as RECs and confirmed by the Senate include an individual who was formerly a member of the PDP before allegedly ‘decamping’ to the APC and who served as the Chief of Staff to Mr Godswill Akpabio when he was Governor of Akwa Ibom State.” “The alleged APC members or loyalists also include individuals who reportedly campaigned on social media for the election of President Tinubu and who was appointed as chairman of the Lagos State Traditional Medicine Board in 2001 when Mr Tinubu governed the state.” Joined in the suit as Defendants are: INEC; Mr Godswill Akpabio, for himself and on behalf of the Senate; and Messrs Etekamba Umoren; Isah Shaka Ehimeakne; Anugbum Onuoha; and Bunmi Omoseyindemi. No date has been fixed for the hearing of the suit.

Retain SSB Tax In 2024 Fiscal Policy, CSOs Tell FG

The national SSB Tax coalition, Gatefield Nigeria, National Action on Sugar Reduction, One Campaign amongst other Civil Society Organisations, have tasked the Federal Government to retain the SSB tax in the 2024 fiscal policy. According to the coalition, it will ensure the purpose of the policy is achieved as well as ensure that the government benefits from its implementation.  The CSOs, who made the call at a meeting which also had in attendance representatives from the Ministry of Finance, Budget, and National Planning, Ministry of Education, National Orientation Agency and others also called for the establishment of an inter-agency Adhoc committee on SSB Tax that would harmonise the views of all stakeholders. The recommendation was made in a communique at the just concluded National conference on Sugar Sweetened Beverages (SSB) Tax orgainsed by Corporate Accountability and Public Participation Africa (CAPPA) in collaboration with the Federal Ministry of Health and Social Welfare Wednesday in Abuja, further called on relevant stakeholders, including traditional and religious institutions, educational institutions, civil society organizations, the media, and healthcare professionals to actively engage in other to curb the SSB menace.  According to them, “the proceeds from the SSB tax should be earmarked to the health sector to support and strengthen public health systems in Nigeria.  “Stakeholders must commit to engaging central budget agencies to improve public healthcare and influence increased allocation to the healthcare sector.  “Need for the establishment of a monitoring, evaluation, and accountability framework to track the implementation and impact of the current SSB tax policy. This must be reviewed periodically.  “Need for complementary regulatory instruments like Front-of-Pack Labeling, restricting availability and marketing of SSBs in school environments among others to offer consumers more information about products.  “State authorities must strive to bring Nigerians into its social health insurance scheme to achieve universal healthcare coverage and the Federal Government and regulatory authorities must design and enforce penalties for companies that default on SSB tax obligations.”

IPMAN running a parallel government- CSOs

*Oppose alleged plan to increase petrol price  The coalition of Civil Society Organisations (CSOs) on Friday tackled the Independent Petroleum Marketers Association of Nigeria (IPMAN) over allegations that it was planning to increase the price of Premium Motor Spirit (PMS). Others who signed the statement were officials of Oil and Gas Transparency and Advocacy Group, Civil Society Coalition for Economic Development (CED), Centre for Citizens Rights, Centre for Good Governance Advocacy and Action against Corruption in Nigeria, among several others. In a statement jointly signed by the Convener, Dr Basil Musa and Co-Convener, Malam Haruna Maigida, in Abuja on behalf of others, the coalition said that IPMAN was running a parallel government which is inflicting untold hardship on Nigerians. The CSOs said that information reaching them was to the effect that IPMAN was planning to increase petrol price to N700 per litre, a move which they vowed to resist by picketing IPMAN members’ filling stations across the country. They accused the IPMAN of running a parallel government and inflicting pain on ordinary Nigerians through their unilateral adjustment of the price of petroleum. They described the planned increment as unacceptable and called on the Federal Government to stop IPMAN from its alleged profiteering at the expense of ordinary Nigerians. The CSOs said the move was an economic sabotage, coming at a time Nigerians are still trying to come out of the “price shock”, occasioned by the increment on May 29. They said that Nigerians were already passing through difficult times over the recently adjusted fuel pump price with no palliative measures yet in place. They vowed to mobilise their members and other stakeholders across the 36 states of the federation to embark on a protest, adding that the protest would target shutting down filling stations nationwide.  They added that Nigerians could not afford to be railroaded by IPMAN, in an alleged contraction of the position of the Federal Government on petroleum prices. “As a Coalition of Civil Society Organisations (CSOs), we are monitoring events and the proposed fuel pump hike to N700 per litre by IPMAN and we say it is unacceptable. “If the government does not caution IPMAN, we see it as a deliberate collusion to drive Nigerians into unmitigated difficulties.  “As CSOs, we will not sit and watch that happen. We will mobilise Nigerians into a street protest and that should be taken from us.  “We watched the removal of the fuel subsidy regime by President Bola Tinubu in his inaugural address on May 29 and we take the dare consequences as part of the sacrifice, awaiting when the government would have settled to come up with ameliorative measures for the citizens. “But for IPMAN to adjust fuel pump price will stoke protests because it is not in the interest of Nigerians,’ they said. They said if IPMAN achieved the proposed increase, it would amount to over 451 per cent above what Tinubu Administration met in the office, thereby raising the fear of hyperinflation on the cost of goods and services. They added that “IPMAN was largely behind the mystery litres of petrol consumption that suddenly dropped from 66 million per day to 40 million after fuel subsidy was removed. “We advise the marketers association to brace up for a change as sharp practices in the downstream sector can no longer be condoned.”