On October 15, 2024, the Peoples Democratic Party (PDP) flagged off its campaign at a mega rally in Akure, Ondo State. At the rally, Seyi Makinde, the governor of Oyo State and a member of the Ondo governorship campaign council of the PDP made a claim regarding Mrs Oluwatoyin Babalola, the Resident Electoral Commissioner (REC) of the Independent National Electoral Commission (INEC).
He said “This message is for the INEC National Chairman, Prof. Yakubu Mahmood. You must remove the Resident Electoral Commissioner in Ondo State, Mrs. Oluwatoyin Babalola. She is from Ondo State…..We will protest until she is removed.”
A similar claim went viral on X (formerly Twitter) with a video of the governor, addressing party supporters attached.
Claim: Seyi Makinda Said Ondo INEC REC is from Ondo State
Verification:
Constitutional Provision for the Appointment and Removal of a Resident Electoral Commissioner
Chapter 6, Section 154 (1) of the Constitution of the Federal Republic of Nigeria says “Except in the case of ex officio members or where other provisions are made in this Constitution, the Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the President and the appointment shall be subject to confirmation by the Senate.”
The 2022 Electoral Act section 6 (2) says “A person appointed to the office of a Resident Electoral Commissioner shall— (a) be answerable to the Commission; and (b) hold office for a term of five years from the date of his or her appointment which may be renewable for another term of five years and no more.
6 (3) The Resident Electoral Commissioner appointed under the Constitution may only be removed by the President, acting on an address supported by a two-thirds majority of the Senate praying that the Resident Electoral Commissioner be so removed for inability to perform the functions of the office, whether arising from infirmity of mind or body or any other cause, or for misconduct.
6 (4) The appointment of a Resident Electoral Commissioner shall be in compliance with section 14 (3) of the Constitution of the Federal Republic of Nigeria and section 4 of the Federal Character Commission (Establishment, etc.) Act.
Section 14 (3) of the Constitution of the Federal Republic of Nigeria says “The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that Government or in any of its agencies.”
Section 4 of the Federal Character Commission (Establishment, etc.) Act says “(4) Notwithstanding any provision in any other law or enactment, the Commission shall ensure that every public company or corporation reflects the federal character in the appointments of its directors and senior management staff.”
The implication of these provisions is that the appointment of a REC is for five years and must reflect the principle of federal character to promote equal distribution of opportunities. Moreover, the REC can only be removed by the president, following a two-thirds majority from the Senate.
The CDD War Room found that it is INEC’s policy not to deploy a REC to their state of origin and not a constitutional provision. We also found that the INEC REC for Ondo State hails from Ekiti State and until her appointment, Barr. Oluwatoyin Babalola was the Director of Legal Services at the commission’s headquarters, Abuja. She was screened by the Senate alongside nine others in November 2023 and was confirmed by the upper legislative chamber of the National Assembly. She was sworn-in in December 2023 and until her appointment, she was a staff of INEC serving as the Director of Legal Services at the headquarter in Abuja.
Verdict: FALSE
We found that the Ondo State INEC Resident Electoral Commissioner (REC) is from Ekiti State and not Ondo State. We can confirm that until her appointment, she was a staff of INEC serving as the Director of Legal Services at the headquarter in Abuja.