The Chairman Nigerian Bar
Association (NBA) Minna branch Mohammed Waziri Abdulkadir has accused Niger State House of Assembly of violating the provision of the law as enshrined in section 201 and 197 of the 1999 constitution as amended in their decision to sack the the chairman of Niger State independent Electoral commission (NISIECE)
He cautioned to rescind their action that sacked the Chairman of the state independent electoral commission Alhaji Baba Aminu.
The embattled chairman was sacked by the house of assembly over allegation of incompetence to discharge his duties as the chairman of NISCIEC
Alhaji Baba Aminu has been having a running battle with the members of the state house of assembly over the conduct of local government council election slated for November 2022
The NISIEC chairman has insisted on going ahead with the conduct of the local government council election since the council chairmen tenure expired three months ago but the state lawmakers said the election should not hold.
Aminu vowed to conduct the council election on the ground that his loyalty is to the governor that appointed him as well as the Constitution adding that he has not received any court order stopping him from conducting the election
Fielding questions from journalists in Minna Thursday, Waziri maitained that the decision of the lawmakers sacking the state Independent electoral commission chairman (NSIEC) is illegal and unconstitutional
According to the NBA chairman, the lawmakers should in the interest of constitutional provision rescind their decision.
“They don’t even have that constitutional right to sack the NISIEC chairman. It is only the governor of the state that will even recommend for his removal with the two third majority of the house of assembly in accordance with the provision of section 201 of the 1999 constitution.
“Based on the reports we are getting, it is a onesided decision. Was there a dismissal or a sitting of the house on such recommendation from the governor to the state house of assembly for the sack of the state chairman of the state Independent electoral commission”? he asked
He cautioned the lawmakers to have a reecourse to the provision of the law establishing the commission and the appointment of the Chairman and the secretary as well as other top members of the state electoral Commission and any other Commission warning that the provision of the law as enshrined in the 1999 constitution as amended is very clear.
“Let me repeat, the chairman and the secretary of the Commission cannot be remove except by the governor of the state.
“Section 201 provide that they should be a resolution of two third of the majority of the house of assembly. Now what this means is that the governor hold last head for the dismissal of the chairman of Niger State independent electoral Commission.
“So in the interest of the law, I’m calling on the members of the state house of assembly to reconsider their position on the sack of the chairman NISIEC” Waziri declared.
According to him, the NBA will deliberate on the matter during the next Congress of the association to come out with a position