*Security Check Begins, Council Of State Meets Soon
THE Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu “to urgently disclose details of the selection and appointment process for the successor to Prof. Mahmood Yakubu, whose tenure as the Chairman of the Independent National Electoral Commission (INEC) ends in November 2025.”
Yakubu will leave office in November at the completion of his two-term tenure of 10 years and the President is expected to appoint his successor soon, subject to Senate confirmation.
The group urged Tinubu “to disclose the number and names of candidates for INEC chairman and whether the Council of State has been consulted or would be consulted in making the appointment, as constitutionally required.”
In addition, SERAP wants him to “use the opportunity of the appointment of a new INEC chairman to reconsider your appointment of at least three alleged members of the All Progressives Congress (APC) as Resident Electoral Commissioners (RECs) of the INEC and to nominate non-members of a political party as replacement.”
In a letter dated September 27, and signed by SERAP Deputy Director, Kolawole Oluwadare, the group said: “The selection and appointment process for Yakubu’s replacement cannot and should not be ‘a closed shop.’ A transparent and accountable process would serve legitimate public interests.
“There is a strong correlation between transparency in the selection and appointment process of INEC chairman and the ability of the commission to perform its constitutional and statutory duties in an independent and impartial manner.
“INEC plays a crucial role in Nigeria’s democratic process. Openness and transparency in the selection and appointment process would improve public trust in the commission’s independence and impartiality and citizens’ participation in the electoral process.”
According to SERA: “Transparency in the process would also ensure that competent and impartial people are appointed and reduce the risks of conflict of interest. It would allow Nigerians to scrutinise, monitor, and engage with the process.
“In electoral management, perception matters greatly. It is more important for the selection and appointment process to be objective and fair and to be seen to be objective and fair.
“The manner in which elections are managed, including how officials managing elections are chosen, would contribute significantly to the sustenance of a democratic culture in the country.
“A transparent selection and appointment process would strengthen democratic and electoral processes. Making the procedural details public would improve public confidence in the process.
“Secrecy in the selection and appointment process would be inconsistent and incompatible with the Nigerian Constitution and the country’s international human rights obligations.
“It would undermine the independence, autonomy and accountability of INEC and the right of Nigerians to a free and fair election.
“Electoral body is independent where it has administrative and financial autonomy; and offers sufficient guarantees of its members’ independence and impartiality.
“Openness and transparency in the selection and appointment process for Yakubu’s replacement and the appointment of a competent, independent and impartial chairman would also help to address the perception of bias, which characterised the operations of INEC including during the 2023 general elections.
“Section 154(1) of the Nigerian Constitution 1999 (as amended) provides that the Chairman of INEC ‘shall be appointed by the President and the appointment shall be subject to confirmation by the Senate.’
“Sub-section 3 provides that in exercising his powers to appoint a person as Chairman of INEC, ‘the President shall consult the Council of State.’
“Section 153(1) (f) of the Nigerian Constitution provides that ‘There shall be established for the Federation the following bodies, namely- (f) Independent National Electoral Commission.’
“Under Section 6(4) of the Electoral Act 2022, ‘The appointment of a Resident Electoral Commissioner shall be in compliance with section 14 (3) of the Nigerian Constitution.’
“The nomination, confirmation and appointment of the alleged APC members as RECs for INEC is a breach of Section 6(4) of the Electoral Act 2022 and Section 156(1)(a) and Paragraph 14 of the Third Schedule of the Nigerian Constitution.
“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, guarantee the right of every citizen to participate freely in the government of his/her country, either directly or through freely chosen representatives.”
It added: “The combined effect of the Nigerian Constitution, the Electoral Act and international standards is the requirement that elections must be organised by a truly independent and impartial electoral body.
“The status, powers, independence of INEC, and the impartiality with which it acts and is seen to be allowed to act, are fundamental to the integrity of Nigeria’s elections and effectiveness of citizens’ democratic rights. INEC ought to be the primary guarantor of the integrity and purity of the electoral process.
“Your government has the constitutional responsibility to ensure openness and transparency in the selection and appointment of INEC chairman. The credibility and legitimacy of elections depend mostly on the independence and impartiality of those appointed to manage the process.
“Without an independent and impartial INEC, the democratic rights of Nigerians would remain illusory.
“Anyone to be appointed as INEC chairman must clearly be non-partisan, independent, impartial and neutral. INEC chairman and other officials ought to be able to discharge their legal duties and implement the Electoral Act without fear or favour.
“Nigeria’s electoral body must enjoy independence from direction or control, whether from the government or any other quarter. It must be accountable to the electorate, and act accordingly.
“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel your government to comply with our request in the public interest.
“Public perception of the independence of INEC is also essential for building public confidence in the electoral process.
"Where Nigerians have doubts about the independence of INEC, they are more likely to have less confidence in the electoral process, thereby undermining democracy.
“The Nigerian Constitution, Freedom of Information Act, and the country’s anti-corruption and human rights obligations rest on the principle that citizens should have access to information regarding their government's activities.
“These constitutional provisions, international standards and commitments impose a fundamental obligation to ensure transparency and accountability in the selection and appointment process for a new INEC chairman.
“SERAP also notes that messrs Etekamba Umoren; Isah Shaka Ehimeakne; Anugbum Onuoha; and Bunmi Omoseyindemi were part of the 10 persons nominated by you and confirmed by the Senate on 25th October, 2023 as RECs of INEC.”
Meanwhile, as the search for Yakubu's successor continues, his likely successor are being interviewed and vetted ahead of Tinubu’s consultations with the Council of State.
The Punch reported that while the Office of the Secretary to the Government of the Federation (OSGF) prepares to circulate invitations for the meeting, nominees were undergoing checks by the Department of State Service (DSS) and other relevant agencies.
“Yes, they’re undergoing checks before a name is finally picked. The President will soon convene a Council of State meeting where he will present the names to the council. It is a constitutional requirement,” one source tolf the newspaper on Tuesday, September 30.
Another source added: “There are names for consideration. It is likely that some of the names you have heard are on the list. They are being considered.
"The process is on and the President will convene the Council of State meeting most likely when he returns from Lagos.”
The Council of State is a constitutional advisory body chaired by the President and made up of serving state Governors; former heads of state; former chief justices; President of the Senate; Speaker of the House of Representatives; and Attorney General of the Federation.
Its responsibility includes advising the President on appointments of INEC and National Population Commission (NPC) commissioners, as well as the prerogative of mercy.
