Nathaniel Irobi, Abuja
A senior official of Labour Party, Abayomi, has called on President Bola Ahmed Tinubu to immediately reverse the transfer of Barrister Mutiu Agboke as Resident Electoral Commissioner for Osun State and sack his replacement, Mrs. Toyin Babalola, citing several violations of the 1999 Constitution and public service regulations.
Arabambi Abayomi, National Vice Chairman of the Labour Party for the South-West, made the demand at a press conference held on Thursday in Abuja.
He accused Independent National Electoral Commission Chairman Professor Joash Ojo Amupitan of unlawfully removing Agboke based solely on an uninvestigated petition from the Chairman of the All Progressives Congress in Osun State.
Citing the Third Schedule, Part 1, Item F, Paragraph 2 of the 1999 Constitution, read together with Section 154(1), Dr. Arabambi argued that the power to appoint Resident Electoral Commissioners rests exclusively with the President, subject to Senate confirmation. He further referenced Section 157(1), which provides that a REC can only be removed by the President with a two-thirds majority of the Senate, and only on grounds of inability to discharge duties or proven misconduct.
“The Chairman of INEC possesses no constitutional authority to remove or transfer a REC,” Dr. Arabambi told journalists. He noted that no committee of investigation was constituted, no terms of reference issued, and no fair hearing granted to Barrister Agboke, in clear violation of natural justice as enshrined in Section 36 of the Constitution.
Regarding Mrs. Toyin Babalola, who has been posted to replace Agboke in Osun, Dr. Arabambi alleged that she retired as a director of INEC in 2023 alongside nine other directors, having attained the statutory retirement age of 60 years or 35 years of service as per Public Service Rule No. 020908.
He described her reappearance as a REC as a fraudulent circumvention of public service regulations, which prohibit the re-engagement of retired officers into full-time appointments without explicit presidential exemption and National Council on Establishment approval.
Dr. Arabambi further claimed he has a pending court case against Babalola from her previous tenure, alleging a pattern of manipulation and unethical conduct. He warned that deploying her to manage elections in politically sensitive Osun State would undermine electoral integrity.
The Labour Party chieftain issued a political warning to President Tinubu, stating that the manipulation of REC postings in the South-West could cost him between four to five million votes in the 2027 general election. He argued that the people of the South-West would perceive the removal of Agboke as a premeditated attempt to weaponise INEC against the opposition.
Dr. Arabambi demanded the immediate return of Barrister Agboke to Osun State, the removal of Mrs. Babalola from any INEC role, a Senate investigation into her renomination, and a binding presidential directive prohibiting any REC transfer within ninety days of an election without full compliance with Section 157(1).
He also threatened to petition foreign embassies in Nigeria detailing Mrs. Babalola’s conduct.
The INEC Chairman had not responded to the allegations at the time of this report.
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