Falana argued that the fact that Onochie remained an unrepentant card carrying member of the governing All Progressives Congress (APC), disqualified her from the position.
A Senior Advocate of Nigeria (SAN) and human rights lawyer, Femi Falana, has said that President Muhammadu Buhari was wrong to nominate his aide, Lauretta Onochie, as an Independent National Electoral Commission (INEC) commissioner.
Onochie was among the four names Buhari sent to the Senate to confirm their appointments as INEC commissioners.
But in a statement on Tuesday, Falana faulted Buhari and listed some criteria provided in the constitution as requirements for the INEC position.
The statement read, “In view of the desire of President Muhammadu Buhari to fill some vacancies in the Independent National Electoral Commission it has become pertinent to draw the attention of the Council of State and the Senate to the following provisions of the Constitution:
1. In appointing the members of the INEC the President is required to consult with the Council of State pursuant to section 154 (3) of the Constitution;
2. Paragraph B of Part 1 of the 3rd Schedule to the Constitution provides that “The Council of State shall have power to advise the President in the exercise of his powers with respect to (iv) the Independent National Electoral Commission including the appointment of the members of the Commission.
3. Pursuant to section 154 (1) of the Constitution, the appointment of the members of the Independent National Electoral Commission shall be subject to confirmation by the Senate;
4. Paragraph 14 of Part 1 of the Third Schedule to the Constitution as amended by Section 30, Act No 1 of 2010, a member of the Independent National Electoral Commission “shall be non-partisan.
“From the foregoing, it is crystal clear that a card-carrying member of a registered political party or a well known supporter of a particular political party is constitutionally disqualified from the membership of the Independent National Electoral Commission.
“As an unrepentant member of the ruling party Mrs Loretta Onochie has consistently attacked members of other political parties. To that extent, she is partisan and therefore not qualified to be a member of the Independent National Electoral Commission.”