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Giving an update on Yunusa-Ari’s unethical conduct after a meeting of its management comprising national commissioners and the INEC Chairman, Mahmood Yakubu, in Abuja on Tuesday, the electoral umpire requested the SGF to call the attention of “the appointing authority’’ to the unwholesome behaviour of the REC for further action.
Under the constitution, the appointing authority refers to the President who is empowered to appoint INEC commissioners as provided by section 154 (1) of the 1999 Constitution.
The section provides that: “Except in the case of ex officio members or where other provisions are made in this Constitution, the chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the President and the appointment shall be subject to confirmation by the Senate.’’
To remove a REC, the President can only act on an address by a two-thirds majority of the Senate in accordance with section 6(3) of the Electoral Act, 2022.
Disclosing the decisions reached the meeting on its official Twitter handle, the INEC said, “At its meeting today, April 18, 2023, the commission discussed matters arising from the Adamawa governorship election and decided to:
“Write to the Inspector-General of Police for the immediate investigation and possible prosecution of the Resident Electoral Commissioner for Adamawa State, Barrister Hudu Yunusa-Ari.
In line with the INEC resolution, the Nigeria Police Force has promised to probe the incident at the Adamawa collation centre in collaboration with the electoral electoral commission.
Responding to an inquiry on Tuesday, the Force Public Relations Officer, Olumuyiwa Adejobi, noted that the police had yet to receive the letter from INEC, adding that the police will, however, collaborate with the electoral umpire to investigate the matter.
He further noted that the IGP had ordered the immediate redeployment of the Commissioner of Police on election duty in Adamawa State, Mohammed Barde from the state, and ordered that the CP in charge of Gombe State, Etim Equa, immediately proceed to Adamawa.
Adejobi said, “We have not received any letter (from INEC), but we will carry out a thorough investigation on the Adamawa incident in collaboration with the INEC. So, if INEC sends in any letter, we will treat it as recommended as well.
“Also, the IGP has ordered the redeployment of the CP-election, Adamawa, and replaced him with CP Gombe, Etim Oqua, who has been directed to proceed to Yola immediately for the conclusion of the guber election process in Adamawa. We are committed to having a more secure and successful process in Adamawa.”
Mainwhile PDP in Adamawa has asked the IG to prosecute the Adamawa State Commissioner of Police, Afolabi Adeniyi for allegedly providing the enabling environment for the illegal declaration of Binani as the election winner in the state.
Addressing a news conference at the party’s national secretariat, Abuja, the PDP acting National Chairman, Umar Damagum, equally demanded the trial of the Adamawa REC.
The Inspector-General of Police should, as a matter of urgency, remove, investigate and sanction the Adamawa State Commissioner of Police for providing cover and enabling the perpetration of this grievous criminal act against our democracy,” Damagum said.
He described Yunusa-Ari’s conduct as “a reckless, inexcusable and unpardonable assault on our democracy, the constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act, 2022, the Independent National Electoral Commission’s guidelines and the manifest will of the people of Adamawa State, which they expressed in voting en-masse for the PDP.”
According to him, Yunusa-Ari’s action was a “civilian coup with the sole intent to take control and install an illegal government in Adamawa State contrary to the provision of Section 1 Sub-section 2 of the Constitution of the Federal Republic Nigeria 1999 (as amended).’’
Responding to a question on the sideline of the press conference, the PDP National Legal Adviser, Kamaldeen Ajibade, SAN, said the quest for an exparte order by Binani and her counsels is known to the party, noting however, that the PDP had not been served any notice.
“We are aware they are in court. We have not been served but when we are contacted, we will respond appropriately,” he said
