AKEEM NAFIU writes that lawyers have called on the new Chairman of the Independent National Electoral Commission (INEC), Professor Joash Ojo Amupitan (SAN), to reposition the electoral body as a professional, impartial and technologically competent institution anchored on integrity and trust
Some senior lawyers have emphasised the need for the new Chairman of the Independent National Electoral Commission (INEC), Professor Joash Ojo Amupitan (SAN), to resist any form of manipulation or control, and discharge his duties without fear or favour. They said the new INEC helmsman should see his appointment as a way of disabusing the minds of Nigerians about having credible elections through a trusted electoral body.
The lawyers spoke at the weekend following the swearing in of Amupitan as the sixth substantive chairman of the Independent National Electoral Commission (INEC) by President Bola Tinubu.
Amupitan took his oath of office at the State House Council Chamber last week Thursday following his confirmation by the Senate upon his nomination by President Tinubu. At the ceremony, President Tinubu admonished Amupitan to carry out his duties with integrity and beyond reproach.
The president while noting that the country has been on a path of democratic governance and learning since 1999, said there have been notable achievements in the strengthening of various institutions. He further noted that the November 8, 2025 governorship election in Anambra State will serve as a litmus test for the new leadership of the electoral commission.
Tinubu said: “Your nomination and the subsequent confirmation by the Senate are a testament to your capacity and the confidence reposed in you by both the executive and the legislative arms of government. “This significant achievement marks the beginning of a challenging, yet rewarding journey, and I trust that you will approach your responsibility with the highest level of integrity, dedication and patriotism.
“Our democracy has come a long way in 25 years. We have consolidated and strengthened our democratic institutions, particularly in electoral systems, through innovations and reforms. “We have learned a great deal along the way and have improved significantly from where we were many years ago.
We must now remain committed to the principles that underpin democracy in a complex and multifaceted society. “The electoral process is a vital part of a democracy that grants the people the exclusive right to choose their leaders and shape their future. To ensure that our democracy continues to flourish, the integrity of our electoral process must be beyond reproach.
“It is important that our elections are free, fair and credible. We must consistently improve our electoral process, addressing the challenges of yesterday and innovating for today and tomorrow. “To maintain public trust in the election, electoral integrity must be protected. All aspects of the process – from registration to campaigning, the media access, voting and counting should be transparent, non–violent and credible.
Amupitan has the onerous duty of restoring Nigerians hope in democracy
“No electoral system is flawless, but since elections are vital to a nation’s future, it is essential to continually strengthen electoral institutions, ensuring that they are robust, resilient and safeguarded against artificial setback. “I therefore charge you, Prof Amupitan, as you take on this important assignment to protect the integrity of our electoral process and strengthen the institutional capacity of INEC”.
Amupitan speaks
In the meantime, the new INEC chair, Prof. Joash Ojo Amupitan (SAN), has promised to uphold integrity, transparency and discipline in the management of Nigeria’s electoral process. Speaking during an interactive meeting with INEC staff upon his resumption, Amupitan expressed gratitude to God for a “divine assignment”,.
The new INEC chair who was accompanied by his wife, children, vice chancellor of the University of Jos, Tanko Ishaya and other top officials from the institution, where he previously served, also promised to prioritise the welfare and professional development of staff while he holds sway.
Amupitan, while emphasising that the success of the Commission depends on synergy among its departments and staff, said teamwork, accountability, and commitment is key to attaining credible elections. He further stressed the need to restore public confidence in the electoral process, saying Nigerians must trust that their votes will count.
While acknowledging the enormity of the task ahead, the new INEC chair disclosed that the forthcoming Anambra governorship election would serve as a test of INEC’s resolve to uphold credibility and transparency. Amupitan said: “I am here for a purpose. Maybe if I had a choice, I would have said I would not come here.
But from all indications, I can see that God is moving this country, and my coming is divine. With God saying go, who am I to say no? I am here because I have a role to play to ensure that a new Nigeria is birthed. “Our mandate is very clear. That is to deliver free, fair and credible elections that reflect the will of the people. The integrity of our elections is not negotiable. Every voter must feel confident that their vote counts.
“For me, staff welfare is going to be a priority. We will expect a lot from you, and because of that, you also deserve to be well equipped and supported to deliver. We will work assiduously to ensure that your working conditions are conducive and that you have the necessary resources to excel. “Together, let us uphold the values of democracy and work tirelessly for the credibility of our elections.
The facts may be challenging, but if we stand united, there is nothing we cannot achieve. “The eyes of the nation are upon us. We must rise to the occasion and demonstrate that we are capable of conducting elections that meet the expectations of Nigerians. “I want to thank you for your commitment, your service, and I look forward to working closely with all of you as we embark on this very, very important mission”.
Lawyers’ agenda for Amupitan
In his comments, a Senior Advocate of Nigeria (SAN), Chief Mike Ahamba, asked the new INEC chair to use his wide knowledge as a lawyer to positively rewrite the Commission’s history. Ahamba said: “Amupitan shouid make the difference between the past and the present. He should also remember that in countries that have problems, it was when power came to the hands of lawyers that the problems were solved.
“Now that a Senior Advocate is in charge of INEC, he doesn’t need anyone to interprete the law for him and must comply with it appropriately. I hope he will not bypass the rule in the middle of the game. “In any case, Amupitan has always being someone we believe has integrity. The future of Nigeria lies in his hands right now.
This is his chance to make history, particularly with the incoming Anambra state guber election and all other elections thereafter”. Setting agenda for the new INEC chair, the Alternate Chair of Citizens’ Liberty Committee of the Nigerian Bar Association (NBA), Malachy Ugwummadu, wants Amupitan to display patriotism, nobility of mind and sincerity of purpose in discharging his duties.
“My first agenda for Prof. Amupitan is to demonstrate the kind of patriotism, nobility of mind and sincerity of purpose that the late former President Musa Yar’adua showed in publicly acknowledging the flawed nature of the election that brought him to power. Yar’adua later set up the Uwais Committee to correct the anomalies in the electoral processes. With these mindsets, the new INEC chair should be able to frontally tackle the challenges confronting the electoral process in this country through these reforms.
“Firstly, INEC is a statutory institution created under Section 153 of the Constitution and its functions are clearly specified under the Third Schedule of the Constitution. Based on these, the new INEC chair shouid pursue a constitutional amendment via an Executive bill regarding the recruitment process of not just the INEC chair, but all the commissioners and principal officers of the electoral body.
If this was pursued, it will inspire public confidence in the electoral body. “At the moment, it has become problematic to have the INEC chair and other principal officers appointed solely by the president of the country, who is also a participant in the electoral process.
This singular act erases the neutrality which creates the credibility of the electoral process. This runs contrary to commonsense. “Secondly, there should also be a constitutional amendment to make real-time uploading of results to the IReV compulsory. This should be embedded in the Electoral Act. “Thirdly, the new INEC chair should also be concerned about the prosecution of electoral offenders. This is majorly for the purpose of deterrence.
If you check the ratio of conviction in relation to the number of prosecutions for electoral offences, it is nothing to write home about. “Lastly, the burden of proof in election-related cases must be on INEC. The Senate’s action in this regard is a welcome development. This is what civil rights groups have been pushing for all these years. The arguments have been that it is inappropriate for the burden of proof to be on someone who has no hand in the conduct of election.
This person was not responsible for the declared results and as such, he or she has nothing to prove. “It is more reasonable to ask the electoral body to show how it arrived at the results that were declared. INEC declared the results being contested and it’s also in custody of the election materials, so it should carry the burden of proof.
Pushing the burden of proof on someone who has complained of INEC’s transgression amounts to double jeopardy”, Ugwummadu said. In his submissions, a law Professor, Chief Fassy Yusuf, noted that the new INEC chair has the onerous duty of restoring Nigerians hope in democracy. Yusuf said: “History is beckoning on Prof. Joash Ojo Amupitan (SAN) upon his assumption of duty as the new chairman of INEC.
He has the onerous responsibility of giving hope to democracy and allowing it to flourish not only by his performance, but that of his National Commissioners, States’ Resident Electoral Commissioners (RECs), as well as other staff of the Commission. “Never again should we be witnessing disputed elections, transparency, accountability and probity must be his watchword.
He must make a mark for himself and be above board. Democracy should flourish more during his time and there should be less of dispute and rancour. “I know that giving the complexity of this country, it may not be easy for him, but, of course, he is not coming for a tea party. He is coming to disabuse the minds of Nigerians about having credible elections through a trusted electoral body.
“He shouid also work towards having Electoral Offences Tribunal that was distinct from police investigation and prosecution. The Tribunal should be a special arm of INEC that would investigate electoral malpractices and should be able to prosecute expeditiously. I can only wish Prof. Amupitan the very best, but it’s not a tea party”. In his comments, a rights activist, Kabir Akingbolu, wants Amupitan to return the country to the era of single day election period.
He said: “My first agenda for the new INEC chairman is for him to revert to the old system of conducting all elections in one single day. This will bring a lot of changes and development to our electoral process. For instance, conducting the presidential and national assembly elections on the same day confers undue advantage on some people.
Amupitan must erase INEC’s negative image and ensure people believe in the process again
The moment a party wins majority in the National Assembly, there’s tendency that all other states in the federation will want to follow the ruling party. “Besides, the new INEC chair should pursue how the Electoral Act will be tinkered with to allow for modern voting system. It may be through card reader or something else, but it must be modern.
“Furthermore, the new INEC chair should end the era of transporting sensitive election materials through taxi drivers. This action is capable of compromising the whole process. INEC should deploy its vehicles for this exercise.
What will it cost INEC to airlift election materials from Abuja to Lagos for sharing across the south western states? Similar strategy can be apply to other regions of the country”. In his agenda for Amupitan, a public interest lawyer and rights activist, Dr. Abdul Mahmud, wants the new INEC chair to carry out a review of the 2023 general election to identify factors that undermined its credibility.
Mahmud said, “One of the foremost tasks for the new INEC Chairman must be to restore public confidence in Nigeria’s electoral process. This begins with a comprehensive and transparent audit of the 2023 general election, identifying operational, legal and technological lapses that undermined credibility.
“The Commission should then work to strengthen its institutional independence, reducing political interference in appointments of local election officers, budgeting, and security coordination, while ensuring that technological systems for transmission, collation and declaration are verifiable and open to scrutiny by parties and observers.
INEC should also invest in continuous training for staff, strict accountability measures against electoral misconduct, and structured channels for public engagement.
“The practice of appointing Professors as Returning Officers should end. Results after results have shown that they are as dubious as the elections they return. Above all, Amupitan should reposition INEC as a professional, impartial, and technologically competent institution anchored on integrity and trust”.
Congratulating the new INEC chair, a senior lawyer, Abiodun Olugbemide, urged Amupitan to write his name in the sand of time, by creating an unforgettable legacy for himself. In his agenda for the new INEC chair, Olugbemide called for the “installation of functional CCTV across all polling units in the country” Another senior lawyer, Onesimus Ruya, urged Amupitan to prioritise transparency in the discharge of his duties.
“Publishing polling-unit level results promptly, improving the audit trail of the Bimodal Voter Accreditation System (BVAS) and the results-transmission system, and enabling independent forensic inspection of election-technology logs. “Nigerians expect an INEC chairman who is honest, transparent and courageous, someone who tells the truth, fair in his dealings and resists political pressure. “However, reform process is insufficient if violators of the law can continue unchecked.
The new chairman should embrace a culture of accountability, where candidates, parties, election agents and INEC officials alike are held to account under the same standards. “Also, there should be an internal overhauling . The new chair should adopt a modernisation programme, digitised candidatefiling, streamlined complaints units, and a refreshed culture of professional ethics within INEC’s legal services and complaints committees.
“The next decade should see INEC not just as regulator of elections, but as architect of credible elections by front-loading reforms in non-poll years”, Ruya said. A law teacher, Dr. Segun Adetola, while setting his own agenda, said the new INEC chair “must uphold the necessity to conduct credible, transparent elections and ensure that votes count.
He must not allow himself to be distracted by those who always want to have their way even when the majority has spoken. “The INEC chairman must erase the negative image of INEC and ensure people believe in the process again. He must resist any form of manipulation or control, and discharge his duties without fear or favour.
