Lawyers Say Political Family Ties Not Grounds For Disqualification

Some authorized practitioners have argued that household relationships with politicians don’t, by themselves, present authorized grounds to disqualify people from appointments on the Independent National Electoral Commission (INEC).

The legal professionals insist that such selections have to be assessed beneath the related constitutional provisions, electoral legal guidelines and repair guidelines.

The legal professionals, Paul Ananaba (SAN), Obafemi Gbogboade and David Babajide, director of the Lagos-based Justice and Human Rights Reforms Initiatives (JHRRI)—stated allegations of illegality have to be supported by proof.

Read Also: Nigeria Must Be Bigger Than Any Political Party, Individual — Jonathan Tells Ex-Deputy Governors

They additionally confused the necessity to shield INEC’s independence and public confidence within the electoral course of forward of the 2027 basic election.

Their feedback adopted controversy over the redeployment of Mrs Oluyemi Titilayo Adeyemi-Showunmi, spouse of Segun Showunmi, a spokesman for the Tinubu/Shettima presidential marketing campaign, and the nomination of Prof. Mustapha Aliu, reportedly the brother of Sokoto State Governor Ahmed Aliyu.

Ananaba rejected calls to query the appointments solely due to the appointees’ relationships with outstanding politicians, arguing that such connections don’t routinely invalidate appointments which might be in any other case lawful.

“If the appointments meet all legal requirements and the person making the appointment is not the relation of the appointee, I don’t see anything wrong with it,” he stated.

The senior advocate stated people shouldn’t be denied alternatives to serve in public establishments due to marital or household relationships, significantly after they have the required {qualifications} and expertise.

“You cannot say that because they are family members of politicians, they are suddenly disqualified despite all their qualifications and experience,” he stated.

Ananaba additionally questioned the suggestion that an INEC worker who had labored for the fee for years with out grievance ought to instantly turn into unfit to serve due to marriage to a politician.

“I don’t think so,” he stated.

Similarly, Gbogboade cautioned in opposition to bullying or publicly condemning the appointees with out first establishing that that they had violated a regulation or relevant regulation.

He stated the controversy must be assessed beneath the 1999 Constitution, as amended, and related electoral laws, reasonably than by way of assumptions based mostly on the appointees’ household connections.

According to him, Section 156 of the Constitution units out the {qualifications} and disqualifications for appointment as an INEC commissioner. Although the supply restricts membership of a political get together, he stated, it doesn’t expressly record being associated to a politician or governor as grounds for disqualification.

Gbogboade additionally cited Section 158(1) of the Constitution, which safeguards INEC’s independence in exercising its powers, together with these regarding appointments and disciplinary issues.

He stated this provision reinforces the necessity to assess personnel selections on their authorized deserves, reasonably than on the political affiliations of appointees’ family members.

The lawyer acknowledged, nonetheless, that electoral neutrality is prime to the fee’s credibility.

He referred to Section 27 of the Electoral Act 2026, which he stated bars individuals belonging to political events or brazenly supporting candidates from appointment to specified election-related positions.

Gbogboade stated these provisions have to be utilized in accordance with their scope and the duties hooked up to the positions involved. He added that credible proof of prohibited partisan exercise or abuse of workplace must be addressed by way of the suitable authorized or administrative course of.

He stated INEC should steadiness the general public’s legit expectation of an neutral electoral umpire with the necessity to shield people from unjustified assaults.

Babajide likewise maintained that household relationships with politically uncovered people don’t, on their very own, set up that appointments are unlawful.

He stated, nonetheless, that the circumstances surrounding the choices raised legit questions on electoral neutrality and public confidence in INEC, significantly because the 2027 basic election approaches.

According to him, the appointments’ legality would depend upon whether or not the related constitutional provisions, electoral legal guidelines and relevant service guidelines had been breached.

Babajide stated proof that an electoral officer had personally engaged in prohibited partisan exercise might increase substantive authorized issues. Proof that an official had used public workplace to favour a politician might result in additional authorized penalties.

He confused that though a court docket would want particular authorized grounds and supporting proof to invalidate an appointment, Nigerians have been entitled to scrutinise selections that might have an effect on confidence within the electoral fee’s independence.

The JHRRI director urged INEC to make its appointment processes clear and supply affordable assurances that political concerns had not influenced its selections.