Since Prof. Mahmood Yakubu’s term as chairman of the Independent National Electoral Commission (INEC) is about to expire in November 2025, the Socio-Economic Rights and Accountability Project (SERAP) has given President Bola Tinubu seven days to announce the selection and appointment process for the next chairman of the INEC or risk legal action.
As mandated by the constitution, SERAP urged him to provide the names and numbers of candidates for INEC chairman as well as whether or not the Council of State has been or would be contacted throughout the appointment process.
SERAP also urged him to nominate non-members of a political party as replacements and to use the chance of appointing a new INEC chairman to reevaluate the appointment of at least three suspected members of the All Progressives Congress (APC) as INEC Resident Electoral Commissioners (RECs).
After serving two 10-year terms, Prof. Mahmood Yakubu will step down as INEC chairman in November. Assuming Senate confirmation, President Tinubu is anticipated to name his successor shortly.
“The selection and appointment process for Mr. Yakubu’s replacement cannot and should not be ‘a closed shop,'” the organization stated in the letter dated September 27, 2025, which was signed by SERAP deputy director Kolawole Oluwadare. Legitimate public interests would be served by a responsible and transparent procedure.
“The ability of the commission to carry out its constitutional and statutory responsibilities in an independent and unbiased way is closely linked to the transparency of the INEC chairman’s selection and appointment process.
In Nigeria’s democratic process, INEC is essential. Public confidence in the commission’s independence and impartiality as well as people’ involvement in the electoral process would both increase with openness and transparency in the selection and appointment process.
Additionally, transparency in the process would lower the likelihood of conflicts of interest and guarantee that qualified and unbiased individuals are appointed. Nigerians would be able to observe, participate in, and examine the process.
“Perception is crucial in electoral administration. It is more crucial that the hiring and selecting process be impartial and equitable in order to be perceived as such.
One important factor in maintaining a democratic culture in the nation is the way elections are conducted, especially the selection of election officials.
“Electoral and democratic procedures would be strengthened by an open selection and appointment process. Public trust in the process would increase if the procedural details were made available.
The Nigerian constitution and the nation’s international human rights commitments would not be compatible with secrecy in the selection and appointment process. It will jeopardize Nigerians’ right to a free and fair election as well as INEC’s independence, autonomy, and accountability.
When an electoral body possesses administrative and financial independence and provides adequate assurances of the independence and impartiality of its members, it is considered independent.
The perception of bias that pervaded INEC’s operations, particularly during the general elections in 2023, would also be lessened with openness and transparency in the selection and appointment process for Mr. Yakubu’s replacement and the appointment of a capable, independent, and impartial chairman.
The chairman of INEC “shall be appointed by the president and the appointment shall be subject to confirmation by the Senate,” according to Section 154(1) of the 1999 [as amended] Nigerian Constitution.
According to subsection 3, “the president shall consult the Council of State in exercising his powers to appoint a person as chairman of INEC.”
“There shall be established for the federation the following bodies, namely – (f) Independent National Electoral Commission,” according to Section 153(1)(f) of the Nigerian Constitution.
“The appointment of a Resident Electoral Commissioner shall be in accordance with section 14(3) of the Nigerian constitution,” states Section 6(4) of the Electoral Act 2022.
Section 6(4) of the Electoral Act 2022, Section 156(1)(a), and Paragraph 14 of the Third Schedule of the Nigerian Constitution are all violated by the nomination, confirmation, and appointment of the purported APC members as RECs for INEC.
Every citizen’s right to freely participate in their nation’s government, either directly or through representatives they have freely chosen, is guaranteed by Article 13(1) of the African Charter on Human and Peoples’ Rights and Article 25 of the International Covenant on Civil and Political Rights, to which Nigeria is a state party.
“We would like it if the suggested actions were carried out within seven days of this letter being received and/or published. In the public interest, SERAP will take appropriate legal action to force your government to comply with our request if we don’t hear back from you by then.
