nigerianchoice:
In the interest of full disclosure, let me say from the outset that this piece is nonpartisan. It is, instead, an apolitical academic exercise, primarily intended as a simple legal treatise, without being personal, on the legalities of tenure of Prof Attahiru Jega as INEC Chairman. Having said that, let me then give reasons why Jega’s tenure legally or actually comes to end on March 24, 2015, instead of the presumptive June 24, 2015.

Jega was appointed by President Jonathan on June 8, 2010, and confirmed by the Senate on June 24, 2010. Under the law, his tenure runs for five years. Mathematically, therefore his tenure ‘exactly’ ends on June 24, 2015, counting from the date of Senate confirmation.

But accordingly to extant rules and our time-honored conventions, his tenure ‘actually’ comes to an end on March 24 because he is required, without more, to compulsorily proceed on terminal leave three months to the mathematical end of his tenure. And this is being very generous because, if you go by the ‘doctrine of relation back’, a strong case can be made that his terminal leave shall commence on March 8 (the date he was appointed), instead of March 24 (the date he was confirmed).

For those who might argue otherwise, there are legions of precedents, including, most notably, that of Jega’s predecessor, Prof Maurice Iwu. Iwu’s tenure was due to expire on June 13, 2010. However, on April 28, 2010, then acting President Jonathan, ordered Iwu to proceed on terminal leave. That Iwu’s own terminal leave was less than three months to his mathematical five years was probably a matter of expediency of that turbulent era and presidential grace, to boot.

In recent times, we have seen other equally constitutionally-tenured public servants proceed on terminal leave before the exact date of expiration of their tenure. Here are few examples. Former IGP Abubakar’s tenure was due to end on July 30, 2014 but he proceeded or was sent on terminal leave on May 12, 2014. Former Chief Justice of the Federation, Justice Dahiru Musdapher voluntarily proceeded on terminal leave three months before the constitutional or mathematical end of his tenure. Ditto for former PCA, Justice Salami, even though his own was somewhat exceptional because he was on suspension when his terminal leave clock began to tick. I might add that Salami fought his for its exceptional equities but still lost. Jega has no such equities.

To underscore that there are no exceptions, the Federal Government, in a well-received circular issued by the former Head of Service, Alhaji Isa Bello Sali, had “called on those affected to comply with immediate effect by observing the three months terminal leave as provided for in the extant Rules”. Unarguably, those affected included, without exceptions, all public servants that have constitutional or legal tenure, either based on fixed tenure-track, as in the case of Iwu, Jega, etc; or straight retirement based on 35 years service (the IGP) or age (Justice Musdapher).

According to the circular, which is captioned ‘Three Months Pre-Retirement/Terminal Leave’, the government stated that “It has been observed that the mandatory notice of retirement for officers who are due to retire is not being observed as provided for in the extant rules. Accordingly, it has become necessary to reiterate the provisions of Public Service Rules (PSR) 100238 which states that officers are required to give three months notice of their retirement from service terminating on the effective date of their retirement”. For avoidance of doubt, the term retirement, in context, applies, mutatis mutandis, to those on fixed tenure like Jega.

The circular was addressed and sent to the Chief of Staff to the President, Chief Justice of the Federation, all Ministers, Secretary to the Government of the Federation, Service Chiefs, the Inspector-General of Police, Chairman Federal Civil Service Commission, the Chairman, Economic and Financial Crimes Commission (EFCC), and the Chairman of Independent National Electoral Commission (INEC). Others are Heads of extra-ministerial departments, the Accountant-General of the Federation, Auditor-General of the Federation, Surveyor-General of the Federation, Directors-General/chief executives of parastatals and agencies.

So, as we can see from above, it is left for Jega to decide between these two options: It is either he voluntarily proceeds on his terminal leave by March 24, 2015, or he may be forced to do so by executive fiat. If, however, he is emboldened to sit tight, he has to know that any extra day he spends in office beyond March 24 is not by any force of law but by the sheer good graces of President Jonathan.

From: Aloy Ejimakor. Esq.

IT IS WELL IN JESUS NAME

,,

Jega will surely deliver. it's a done deal

I don't know what to comment on this post.

Descartes:
...the best in the whole world.

No it isn't.

We talk about things that make no difference and spend less time on things that actually make a difference.

Right now....I do not know what PDP or APC 's answer is to the falling oil price.

All I hear is I will build this or that....and He did not build this or that...and oh...everyone from religion X or tribe Y is evil.

I hate Nigerian politics. It is not for matured minds.

So that means the election will be postponed again. What will the new INEC chairman do in the next four days to the elections?

alaoeri:
Jega tenure expire on June 30th, TANoids have come with another propaganda again oh but whether they like it or not GEJ is going back to Otuoke.

Like Sanusi like Jega, the Tale of suspended public officers

alaoeri:
Jega tenure expire on June 30th, TANoids have come with another propaganda again oh but whether they like it or not GEJ is going back to Otuoke.

Did you read the article? He did not say that his tenure doesn't expire on June 24th, he said, Civil Servants MUST proceed on a terminal leave three months prior to tenure expiration per a widely received circular issued by the former Head of Service, Alhaji Isa Bello Sali, which stated "those affected to comply with immediate effect by observing the three months terminal leave as provided for in the extant Rules”.

berem:
So that means the election will be postponed again. What will the new INEC chairman do in the next four days to the elections?

The game is about to start. The chessmasters are all on the political chessboard using the masses as pawns.

Whatever happens, I pray for peace in Nigeria.

why am I not surprise? change must take place all the same #GMB

manny4life:


Did you read the article? He did not say that his tenure doesn't expire on June 24th, he said, Civil Servants MUST proceed on a terminal leave three months prior to tenure expiration per a widely received circular issued by the former Head of Service, Alhaji Isa Bello Sali, which stated "those affected to comply with immediate effect by observing the three months terminal leave as provided for in the extant Rules”.

The terminal leave ain't compulsory, Jega has a task at hand so he won't go on leave

Descartes:
The game is about to start. The chessmaster are all on the political chessboard using the masses as pawns.

not making sense as usual. Answer my question!

smh

Three steps

Nomination
Confirmation
Appointment (letter )

Esquire should show us Jega's appointment letter and what date is on it.

scribble:
JONA

Mara -------Jona the clueless one

Prophessor:
come, are you a paid apc thug on nairaland

Nairalanders you guys should check the topic on front page below this one and you will see the same post

Smh

I AM NEITHER PAID OR A THUG.
I AM A NIGERIAN EXCITED AT GENUINE CHANGE.

disloman:
This is d most f00lish n stup1d comment av ever read on nairaland.

lols,haba bros wetin d guy do u now.

Let's Teach APC what is called Constitutional Politics, not sentimental brou-ha-ha. Amaechi and Tinubu has just lost billions in investment.

Brightology2:
[s]I want 2 use medium 2 advice mr president.pls dn't repeat d mistake u made by puting jaga sori jega again.pls wen his tenure expire kindly put a very loyal boy as Inec chairman dat will help u ring d election very well 2 ur favour.anybody dat mk noise,arrest d person n put bullet in his leg.especially Buhari,amaechi,liar mohammed,Tinubu,obj.heaven will nt fall. We dey ur back[/s]

Woe unto the womb from whence you spew forth

This Gej is playing wt masses intelligence, and he forget the law of karma. I don't blame the leper son who has no iota of integrity. This is where Obasanjo lead us to. As the lord liveth, this man's end will be worse than that of sadam hussain and Gadaffi, together wt those pushing him.

Incase

[img]http://2.bp..com/-KuqBxpAue0c/U4iL2nHkEJI/AAAAAAAAFJI/pdkLQ0gW-ng/s1600/PIC+3a+DEMOCRACY+DAY.jpg[/img]

berem:
not making sense as usual. Answer my question!

Jega going going gone !!

living2013:
There is no smoke without fire

The election postponement is pregnant

More drama are yet to unfold

But God will surely see us through

Amen. God will see me and my family through in Jesus Mighty Name.

alaoeri:

The terminal leave ain't compulsory, Jega has a task at hand so he won't go on leave

Oh, really? Okay o... If you say so.

This is be coming something else. Anyway let's just wat ch

alaoeri:
Jega tenure expire on June 30th, TANoids have come with another propaganda again oh but whether they like it or not GEJ is going back to Otuoke because we have know the number of votes that will emanate from each region & with the looks of things GMB is winning.

. The clueless one is showing you all how it is been played..Ranting Rantings of APC ..come May 29th. The script will will be complete without your General...

The power of the incumbency is sumptuous. interesting game! GEJ till a more positive change!

alaoeri:

The terminal leave ain't compulsory, Jega has a task at hand so he won't go on leave

Jega services are no longer needed. Sanusi case comes to mind. He should either go on terminal leave or get sacked.