In a significant development, the Socio-Economic Rights and Accountability Project (SERAP), BudgIT, and 34 Nigerians have taken legal action against President Bola Tinubu’s administration. The lawsuit is over the appointment of card-carrying members of the ruling All Progressives Congress (APC) as Resident Electoral Commissioners (RECs) of the Independent National Electoral Commission (INEC).
The Nigerian Senate confirmed the appointment of seven RECs, despite opposition from parties alleging that some of the nominees were unfit to hold the position due to their political affiliation with the ruling party. At least three of these appointees are known to be card-carrying members and loyalists of the APC.
SERAP’s move comes hours after the main opposition, the Peoples Democratic Party (PDP), also filed a lawsuit against Tinubu for appointing a card-carrying member of the APC as the REC in charge of Akwa Ibom State. The PDP’s suit was filed by the chairman of the party in Akwa Ibom state, Aniekan Akpan, against the appointment of Etekamba Umoren as the commission’s REC in the state.
Stakeholders have continued to fault the Senate’s move to confirm the appointment of three members of the ruling party as RECs. The Executive Director of YIAGA Africa, Samson Itodo, who kicked against the appointment, alleged that some of the RECs were politically affiliated with the ruling party. He claimed that there are video evidences where some of the recently confirmed appointees were seen attending political functions of the APC.
SERAP’s lawsuit alleges that the appointment of APC members as INEC RECs is a violation of the Constitution and the Electoral Act, which require INEC to be independent and impartial. The organization is asking the court to declare the appointments null and void and to order the government to appoint new RECs who are not members of any political party.
This case highlights the ongoing concerns about the independence and impartiality of INEC, and the need for electoral commissioners to be free from political affiliations. It remains to be seen how the court will rule on this matter, and what impact it will have on the future conduct of elections in Nigeria.