Jonathan does not have the power to send jega out of office
The president of Nigeria,Has no constitutional right or power to either suspend or sack the Chairman of the Independent National Electoral Commission.The president can only do so by acting on an
address of at least two-thirds majority of the Senate and if he does not get that number from the senate his plans against Jega can never come to pass.Section 156 (2) of the 1999 Constitution states that, “Any person employed in the public service of the Federation shall not be disqualified for appointment as Chairman or member of any of such bodies (i.e. INEC, NPC, RMAFC, etc.): Provided that where such person has been duly appointed he shall, on his appointment, be deemed to have resigned his former office as from the date of the appointment.”
In exercising its power to make appointments or to exercise disciplinary control over persons… the Independent National Electoral Commission shall not be subject to the direction or control of any other authority or person.”
In the present case, for instance, how
can Section 156 (2) of the 1999 Constitution make it crystal clear that
the Chairman of INEC is not in the public service but the same
constitution proceeds in Section 318 to list “member or staff of any
commission or authority…” as being in the “public service of the
Federation”?

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