A former spokesman of the Independent National Electoral Commission (INEC), Oluwole Osaze-Uzzi, has said the Adamawa Resident Electoral Commissioner (REC), Hudu Yunusa-Ari, cannot be removed by the leadership of the electoral body.
Osaze-Uzzi stated this in an interview following the declaration of the All Progressives Congress (APC) candidate, Senator Aishatu Dahiru Binani as the winner of the governorship election by Yunusa-Ari.
However, the leadership of the Commission, in a statement on Sunday, annulled the declaration of Binani and summoned the REC and other officials, who usurped the duties of the returning officer to Abuja.
In a chat with The Punch, Osaze-Uzzi said the INEC National Chairman, Mahmood Yakubu, cannot discipline or remove Yunusa-Ari over his action on Sunday.
The former INEC spokesman stated that only President Muhammadu Buhari acting on the resolution by the two-thirds majority of the Senate can remove the REC.
Osaze-Uzzi noted that Yunusa-Ari should face a panel for his declaration of the Adamawa governorship result instead of the state returning officer, Professor Mohammed Mele.
He said, “Ordinarily for doing what he did, the REC ought to face some kind of inquisition.
“Under the Constitution, his duty is limited to delegated assignments or duties – what the Commission delegates or assigns to him so the Commission may decide not to delegate or assign any duty to him in the meantime. But only the President can remove him.
“But to remove him, the President can only act on an address by an address by a two-thirds majority of the Senate in accordance with section 6(3) of the Act.
“However, INEC can undertake an inquiry into what happened and I am sure they will do that. But in terms of discipline or removal, it is the President that can do that.
“Also, it is to be noted that any person who announces or publishes an election result knowing the same to be false commits an offence and is liable to imprisonment for 36 months under section 120(4) of the Electoral Act, 2022.
“And under section 6(2) of the Act, the REC is answerable to the Commission.”
