The Presidency on Tuesday said despite the dust being raised in some
quarters, President Muhammadu Buhari’s appointment of Amina Zakari as
the acting Chairman of the Independent National Electoral Commission was
in order.
The Special Adviser to the President on Media and Publicity, Mr. Femi
Adesina, disclosed this to our correspondent in an exclusive interview.
Some stakeholders had been describing Zakari’s appointment as
unconstitutional because her appointment as a National Commissioner of
INEC expired on July 22.
They argued that Zakari was appointed to act as the chairman by the
virtue of her appointment as a national commissioner and now that her
tenure had lapsed, she ceased to be a member of the commission.
But Adesina said in appointing the acting INEC chairman, the
President only exercised his powers as provided in Sections 154 and 318
of the constitution.
He said the President was at tweeteresterty to appoint her even when her tenure had expired.
The presidential spokesman said since the President was covered by constitutional provisions, Zakari’s appointment stands.
“The appointment is covered by Sections 154 and 318 of the
constitution. The constitution empowers the President to appoint the
woman in acting capacity. It also covers the appointment even if her
tenure has expired,” Adesina said.
Section 154 of the constitution reads, “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.
“In exercising his powers to appoint a person as chairman or member
of the Council of State or the National Defence Council or the National
Security Council, the President shall not be required to obtain the
confirmation of the Senate.
“In exercising his powers to appoint a person as chairman or member
of the Independent National Electoral Commission, National Judicial
Council, the Federal Judicial Service Commission or the National
Population Commission, the President shall consult the Council of
State.”



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