mpowa:
No matter your analysis, he must finish this election, he started it a over 2 yrs ago, he won't leave it half way, if you like postpone the election till December.

When they know his tenure is about to end, why didn't they allow him to conduct the election at the stipulated time, how long will it take a new chairman to familiarize with the office? except of course they want to bring in their own RIGGING MAN.

simpleman:
After going through the article, i just had this nagging feeling that these kind of articles are brought up to sensitize the public on what is to come, so that when it happens even the die hard supporters of INEC and APC will just accept it without any struggle. Just to confirm my feelings i went over to the writers blog. And his argument against the SAN's case for The president's disqualification from contesting this election, really confirmed it.
The penitent question to ask is why would you remove Jega ( even if it is compulsory retirement ) at this most crucial time of the election timetable. Why even think about it. Knowing fully well that any person brought in to replace Jega will only be seen as a stooge. so i ask the article writer why even think about it ?

ayobamiakinrind:


It hurts when pple come here and talk out of context...in short,u no get sense.

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”.

wudpeka:


Meanwhile, Jega z not a CIVIL servant, he z a PUBLIC servant. . .

signz:


It's said that when you push Nigerians to the wall, we jump the fence instead of fighting back.

If the powers that be decides that it's time for Jega to go, he will go and nothing will happen. Everything will end in the pages of Newspaper and life will continue

Descartes:
A civil servant or public servant is a person in the public sector employed for a government
department or agency.Now is there any difference?

mobuch:


You have just described how your ignoble end will happen; big FOOL

edogram1:
is that why they pronsponed the election to sanction jaga?

2n2k:


All members of Civil Service are in Public Service but not all members of Public Service are in Civil Service.

All political office holders including the president, members of the armed forces, staff of public owned tertiary institutions are in public service but not in civil service.

The Fifth Schedule of Nigeria Constitution defines Public Service vis-a-vis Civil Service

Samirana360:
they wil stil postpone d election if jega refuses 2 go on his terminal leave.....apc wil talk til 2019, gej wil rule til 2019.....though am nt supportin any of them

Oletty:
Removing Jega from office before the elections are conducted and finalised will result in civil war. Mark my words!

about2wed:
Nigeria politics is beyond the imagination of the people who live in it but understand by our leaders.
With the fact of the tenure leave presented, prof. attahiru jega must leave before the new election dated 28 march. the president will now nominate another person but the house of assembly will not accept that because they know that the person is ready to rig for jonathan. and if apc want an election to be done before the stipulated date by law 28 april, apc shoul be ready to lose. this may lead to post election crises of the greatest we have ever experience and the military will take charge. pls and pls note this and get prepare to defend your family.

onatisi:
bros don't create any unnecessary tension by bringing out all this ur cooked up godfather fantasies. There is no rigging someone u bring in 4days to an election can perform. Jega will not be removed. Removing jega will result in the polls been seen as not credible . So forget all this talk talk. The elections will go on but at the right time and with the right candidates

Descartes:
You have a point though. Buth the VCs, Provosts, Rectors in Tertiary institutions are they public or civil servants?

sage2:


The law is the law, Jega is not INEC, INEC is an institution with other capable people to carry with the assignment.

Myself2:


Jega has lost a great deal of credibility.He should not be sacked,but as soon as his tenure expires,including all the protocols to be observed for that process to be consummated,he should be thanked and allowed to go.
Most importantly,as nature abhors a vacuum,all protocols towards appointing his successor should start NOW and be stuck to and implemented to the letter

jayseehe:
If PDP think they can postpone the election till when Jega's tenure is over, they must be joking.

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.

wudpeka:


Meanwhile, Jega z not a CIVIL servant, he z a PUBLIC servant. . .