As his name currently makes its way to the Senate for the required confirmation as the Chairman of the Independent National Electoral Commission (INEC), all eyes are now on Professor Joash Amupitan (SAN) to make the desired difference in the nation’s electoral process.
The Constitution, under Section 154 and Paragraph 14, Part F of the Third Schedule, donates the power to appoint the Chairman of INEC to the President after consultation with the Council of State, but subject to the confirmation of the Senate.
Key criteria for appointment as INEC Chairman, as provided in the Constitution, include that such an individual to be so appointed must be non-partisan or not belong to any political party. By extension, such a person must be of unquestionable integrity.
Shortly after his nomination by President Bola Tinubu became public, rumours suddenly sneaked in, suggesting partisanship on Amupitan’s part.
Those behind the groundless claim had alleged that Amupitan was part of the legal team of President Tinubu both at the presidential election tribunal and the Supreme Court, while the dispute over the 2023 presidential election lasted.
The rumour, however, faded away in the face of evidential facts, reflecting the contrary. Lists of counsel’s appearances, contained in the certified true copies (CTC) of the three judgments rendered by the Presidential Election Petition Tribunal (PEPC) and the two final judgments of the Supreme Court in the 2023 presidential election dispute, did not reflect Prof Amupitan’s name.
It, however, became obvious that those peddling the rumour might have been unable to distinguish the name of Professor Taiwo Osipitan (SAN), who appeared with Chief Wole Olanipekun (SAN) along with others for Tinubu and Vice President Kashim Shettima from that of Prof. Joash Amupitan.
Gale of endorsements
His nomination has continued to elicit excitement within the nation’s legal circle, with many lawyers describing his choice as a welcome development.
According to the President of the Centre for Socio-Legal Studies (CSLS), Prof. Yemi Akinseye-George (SAN), Amupitan ‘is a solid academic, a professional to the core, and a thoroughbred scholar. He is humble and sociable.’
Reverend John Baiyshea (SAN) described Amupitan’s appointment as a very positive development for the advancement of INEC’s work in the nation’s election processes.
Baiyshea added: ‘He is a brilliant, hardworking, knowledgeable, and resourceful person. He has done so well for academics as a teacher and mentor to many.
‘Hundreds of lawyers went under his learning and mentorship. Many of such lawyers are Senior Advocates of Nigeria today.
Thankfully, he is also a SAN, which is a fitting and befitting reward for his contribution to learning and legal development in Nigeria.
‘He is gentle, humble, and a strong Christian believer. So, his appointment will add value to the electoral processes in Nigeria,’ Baiyshea said.
According to Musibau Adetunbi (SAN), Amupitan ‘is a round peg in a round hole.’
The Attorney-General of Ondo State, Kayode Ajulo (SAN), who also fêted the choice of Amupitan as the new head of the nation’s electoral umpire, described him as a man of ‘high integrity’ and ‘ethical standards.’
Ajulo, who recalled his days as Amupitan’s student at the University of Jos, said: ‘This prestigious call to national service is a testament to your impeccable character, profound intellect, and unwavering commitment to the rule of law and participatory democracy.’
The Ondo AG was optimistic INEC, under Amupitan, ‘will experience a new dawn of credibility, transparency, and efficiency.’
Otunba Tunde Falola said the appointment of Amupitan, who is from Kogi State, ‘helps in the optics of inclusion, balancing regional interests and potentially restoring trust among Nigerians that appointments are not overly skewed.’
Falola noted that ‘while his appointment signals potential for recalibration in electoral integrity, the challenges are enormous and must be addressed if he is to restore voter confidence and deliver free, fair, and credible elections in 2027.’
How amupitan can make a difference
The lawyers are of the view that for Amupitan to make a difference, he should be willing to engage in necessary reforms that will ensure efficiency and transparency in the electoral process.
Akinseye-George noted that working with politicians was not easy, adding: ‘If he goes to the right, the people on the left will complain, and if he goes to the left, the people on the right will complain.
‘His allegiance should therefore be to the rule of law, justice, and fairness. He should prioritize proper organisation, regulation, and monitoring of internal democracy within the political parties. If he succeeds in doing this, his problems as INEC Chairman would be minimal.
‘He should also set up joint task forces with security and intelligence agencies to prevent abusive practices and bring to book violators of electoral laws. He should try to restore dignity, integrity, and sanity to the electoral process,’ Akinseye-George said.
According to Baiyshea, INEC can only function or conduct elections according to provisions of the Electoral Act, the Constitution, and other electoral laws, rules, and regulations that the National Assembly has enacted.
‘So, as the Chairman of INEC, he (Amupitan) cannot operate or lead the electoral body to do anything outside the framework of the laws. The extent of reforms will be determined by provisions of the laws,’ he said.
Baiyshea noted that whatever innovations or reforms are needed, based on the yearnings of Nigerians, the National Assembly should amend the electoral laws accordingly so that the Chairman and INEC would administer the same.
‘The duty he (INEC Chairman) has is to ensure that credible elections are held under his watch,’ Baiyshea said.
On his part, Adetunbi said Amupitan needed to focus on the following – ‘true independence for INEC, ensuring the maximisation of the use of technology in conducting elections, and guaranteed honesty in the conduct of our elections.’
Falola also identified a number of areas that he felt the new INEC Chairman should address to enhance public confidence in the electoral process and to ensure improved citizens’ access to the ballot.
He argued that whether Amupitan will succeed depended largely on the extent to which key structural reforms are allowed, and how he uses his legal background to enforce accountability.
Falola added that if the new INEC boss ‘begins with clear, credible moves (especially around transparency, technology, and independence), there is potential for a positive legacy.’
The Abuja-based lawyer and public affairs analyst added: ‘The nomination of Prof. Joash Amupitan brings a chance, perhaps one of the more critical in Nigeria’s recent democratic journey, to reset the fundamentals of electoral governance.
‘His success or otherwise will depend largely on his audacity to carry out reforms, ensure transparency, and genuine independence of the Commission.
‘For the sake of Nigeria’s democratic credibility and sustainability, citizens, political parties, and all stakeholders must hold him accountable.
‘This is because, in the end, free elections are not simply about technical correctness; they are about legitimacy: that is, the people’s belief that their votes count and that leaders at every level of governance arise from free and fair elections.’
Falola spoke about the need for the reform of existing legal and regulatory frameworks, noting that the foundation of credible elections is the law, which stipulates what INEC is permitted to do, what legal checks exist, and how violations are sanctioned.
He noted that although the Electoral Act 2022 improved many things, loopholes still existed, thereby requiring continuous reviews.
Falola urged Amupitan, upon assuming office, to propose amendments to the Electoral Act to close existing gaps, especially in result collation, electoral offences, primaries, and voter suppression clauses.
‘He should also propose stricter penalties for malpractices and clearer timelines for adjudication of election disputes.
‘A proposal should also be made for INEC’s independence-both institutional (legal protection from political interference) and financial (secure, predictable funding, perhaps drawn from the Consolidated Revenue Fund),’ Falola said.
He equally spoke on the need for transparency and prompt result transmission, noting that a major source of distrust had been result manipulation, delayed or opaque collation, and the failure of the deployed technologies.
‘Therefore, the new INEC Chairman should review the performance/failures of BVAS and IReV in 2023 and subsequent elections; identify technical and human bottlenecks and prevent future occurrence.
He should ensure real-time, or near-real-time, results transmission from polling units where feasible.
Public access to election data and results from polling unit-level results to coalition level should also top Amupitan’s agenda as this will reignite public confidence in our electoral system.
‘Amupitan will have his name written on the sands of time if he improves cybersecurity, data integrity, and audit trails for device failures in the conduct of future elections in Nigeria,’ he said.
Falola urged Amupitan to also consider implementing past reform reports issued by Justice Mohammed Uwais Committee, and the Ken Nnamani Committee, among others.