Senators of all political hues on Thursday gave kudos to Independent National Electoral Commission (INEC) Chairman, Maurice Iwu, and reiterated that President Umaru Yar’Adua is not empowered by the Constitution to fire him.
That responsibility, they noted, rests on two-thirds of the 109 members of the Senate.
They insisted that Yar’Adua can only act after the resolution of the Senate has been passed to him as stipulated in Section 157 (1) of the Constitution.
The Section says: "Subject to the provisions of Subsection (3) of this Section, a person holding any of the offices to which this Section applies may only be removed from that office by the President acting on an address supported by two-thirds majority of the Senate praying that he be so removed for inability to discharge the functions of the office (whether arising from infirmity of mind or body or any other cause) or for misconduct."
The Senators passed a vote of confidence in Iwu, saying the political elite should be held responsible for lapses in the electoral system.
INEC Committee Chairman, Isiaka Adeleke (PDP, Osun), who spoke to journalists on the matter, was accompanied by his colleagues Grace Folashade Bent (PDP, Adamawa), Joy Emodi (PDP, Anambra), and Joel Danlami (PDP, Taraba).
Also with him were Tawar Wada (PDP, Gombe), Satti Gogwim (AC, Plateau), Ayo Arise (PDP, Ekiti), Gyang Dantong (PDP, Plateau), Osita Izunaso (PDP, Imo), Otaru Ohize (AC, Kogi), and Ikechukwu Obiorah (PDP, Anambra)
Adeleke recounted that "there have been numerous calls both in the print and the electronic media for the removal of (Iwu).
"As the Chairman of the Committee overseeing the affairs of INEC, I and some of my colleagues thought we should clarify certain issues regarding the appointment and how a person appointed to some federal bodies can be removed.
"The removal of the INEC Chairman is a Constitutional matter.
"We are working assiduously in the Senate INEC Committee to ensure that the 2011 election is better as there would be no ballot papers or boxes to snatch.
"The Independent National Electoral Commission (INEC) is one of those bodies established by Section 153(1) of the Constitution. Section 157 (1) is very clear as to how such a person can be removed from office.
"We want to educate all those calling for (Iwu’s) removal that it is a Constitutional issue. If the President so desires, he can, but subject to clarification by a two-thirds majority of the Senate.
Emodi narrated how she was a victim of electoral malpractice during the tenure of former INEC Chairman, Abel Guobadia, when her Certificate of Return was withdrawn but has since had her confidence restored with the present leadership.
"We should not crucify Iwu. Nigerians should commend him rather than crucify him. I wonder why the JAMB Registrar or the Education Minister are not being recalled since there have been incidences of examination malpractices," she said.
Bent added: "Nigerians must look at the political elite in the conduct of the elections and INEC. Iwu is not the problem. He must be given a lot of kudos for ensuring that the elections took place."
Danlami maintained that "elections are not conducted in Abuja but at the wards," while Obiorah argued that "asking (Yar’Adua) to sack Iwu is to confer on him the powers that he does not have. We are not running a military government."
The Senators said Iwu has been consistent in his duties, and almost 80 per cent of the elections conducted under his watch have been upheld by the courts.
But the Nigerian Bar Association (NBA) President, Rotimi Akeredolu, described the Senate’s support for Iwu as a "huge disappointment."
He noted that all Senators are beneficiaries of the fraudulent election conducted by Iwu.
Human rights lawyer, Fred Agbaje, said the vote of confidence is "not a surprise because (Iwu) is a Senate member, and all of them were involved in the fraudulent mandate, all of them are affected. I think it is just a way of telling Iwu thank you."
Action Congress (AC) National Publicity Secretary, Lai Mohammed, noted that with integrity and sense of propriety becoming rare attributes in Nigeria, "it neither surprised nor shocked to read about Iwu’s ranting on why he remains indispensable to Nigeria’s electoral process and why he can neither be fired nor forced to resign.