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Due to Prof. Mahmood Yakubu’s term ending 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 Independent National Electoral Commission (INEC) or risk legal action.
SERAP encouraged him to provide the names and numbers of candidates for INEC chairman as well as if the Council of State has been or would be consulted in the appointment process, as mandated by the constitution.
Additionally, SERAP encouraged him to take advantage of the chance presented by the appointment of a new INEC chairman to reevaluate the appointment of at least three suspected APC members as INEC Resident Electoral Commissioners (RECs) and to propose non-party members as replacements.
Prof. Mahmood Yakubu will step down as INEC chairman in November after serving two 10-year terms. It is anticipated that President Tinubu will name his successor shortly, pending Senate confirmation.
Kolawole Oluwadare, the deputy director of SERAP, signed the letter, which was dated September 27, 2025. It stated: “The appointment and selection process for Mr. Yakubu’s replacement cannot and should not be ‘a closed shop.'” It would be in the legitimate public interest to have an accountable and open procedure.
The ability of INEC to carry out its statutory and constitutional responsibilities in an independent and unbiased way is closely linked to the openness of the selection and appointment process for the commission’s chairman.
“INEC is essential to Nigeria’s democratic process. Citizens’ participation in the electoral process and public confidence in the commission’s independence and impartiality would both increase with openness and transparency in the selection and appointment process.
“The process’s transparency would also guarantee the appointment of qualified and unbiased individuals and lower the possibility of conflicts of interest.” It would enable Nigerians to observe, participate in, and examine the process.
Perception is crucial when it comes to electoral management. It is more crucial for the appointment and selection process to be fair and impartial, as well as to be perceived as such.
“The way elections are conducted, particularly the selection of election officials, would greatly support the country’s democratic culture.
Transparency in the recruitment and selection process would improve democratic and electoral procedures. The public would have more faith in the process if the procedural details were made public.
Secrecy in the nomination and selection process would be against Nigeria’s international human rights commitments as well as the country’s constitution. Both Nigerians’ right to a free and fair election and INEC’s independence, autonomy, and accountability will be compromised.
An electoral body is considered independent if it possesses administrative and financial independence and provides enough assurances of the independence and impartiality of its members.
The appointment of a capable, independent, and impartial chairman as well as openness and transparency in the selection and appointment process for Mr. Yakubu’s replacement would also aid in addressing the perception of bias that pervaded INEC’s operations, particularly during the general elections in 2023.
According to Section 154(1) of the 1999 [as amended] Nigerian Constitution, the president “shall appoint the chairman of INEC, and the appointment shall be subject to confirmation by the Senate.”
“The president shall consult the Council of State in the exercise of his authority to designate a person as chairman of INEC,” according to subsection 3.
The Nigerian constitution states in Section 153(1)(f) that “the following bodies shall be established for the federation, namely – (f) Independent National Electoral Commission.”
Section 6(4) of the Electoral Act 2022 states that “section 14(3) of the Nigerian constitution shall be complied with in the appointment of a Resident Electoral Commissioner.”
The claimed APC members’ nomination, confirmation, and appointment as RECs for INEC violates Section 156(1)(a) and Paragraph 14 of the Third Schedule of the Nigerian Constitution, as well as Section 6(4) of the Electoral Act 2022.
Article 25 of the International Covenant on Civil and Political Rights, to which Nigeria is a state party, and Article 13(1) of the African Charter on Human and Peoples’ Rights both guarantee every citizen’s freedom to participate in their nation’s governance, either directly or through representatives they have freely chosen.
After this letter is received and/or published, we would appreciate it if the suggested actions were taken within seven days. SERAP will take appropriate legal measures to force your government to comply with our request in the public interest if we don’t hear back from you by then.
