As the tenure of Professor Mahmood Yakubu as chairman of the Independent National Electoral Commission (INEC) draws to a close, the Socio-Economic Rights and Accountability Project (SERAP) has called on President Bola Tinubu to disclose the details of the appointment process for his successor.
SERAP, specifically urged President Tinubu to reveal the number and names of candidates being considered for the position and whether the Council of State has been, or will be consulted in accordance with constitutional requirements.
The civil society organisation also called on the President to reconsider the appointment of at least three individuals alleged to be members of the All Progressives Congress (APC) as INEC Resident Electoral Commissioners (RECs).
SERAP made the demands in a letter dated September 27, 2025, signed by its Deputy Director, Kolawole Oluwadare.
The organisation argued that Prof Yakubu’s replacement selection and appointment process cannot be closed, saying a transparent and accountable system would serve the public’s legitimate interests.
It further pointed out the significant link between transparency in the selection process of the INEC chairman and the Commission’s ability to fulfil its constitutional and statutory responsibilities independently and impartially.
SERAP maintained that transparency in the process would ensure that competent and impartial individuals were appointed, thereby reducing the risks of conflicts of interest and allowing Nigerians to scrutinise and engage with the process.
It also insisted that perception matters greatly in electoral management and that the selection and appointment process needs to be objective, fair, and perceived as such.
The organisation stated that maintaining secrecy in the selection and appointment process would contradict the Nigerian Constitution and the country’s international rights commitments.
It stressed that such would also undermine INEC’s independence, autonomy, accountability, and the right of Nigerians to a free and fair election.
SERAP stated, “An independent body possesses administrative and financial autonomy and guarantees the independence and impartiality of its members.
“Ensuring openness and transparency in the selection process for Mr Yakubu’s replacement, along with appointing a competent, independent, and impartial chairman, would also help address perceptions that characterised INEC’s operations, particularly during the 2023 general elections.
“According to Section 154(1) of the Nigerian Constitution (1999, as amended), the Chairman of INEC ‘shall be appointed by the President, and the appointment shall be subject to confirmation by the Senate.
“Furthermore, Subsection 3 entitles powers, “the President shall consult the State in exercising his appointment powers of the State.
“Section 153(1)(f) of the Nigerian Constitution establishes the Independent National Electoral Commission as a federal body.
“Under Section 6(4) of the Electoral Act 2022, “The appointment of a Resident Electoral Commissioner shall comply with Section 14(3) of the Nigerian Constitution.
“The nomination, confirmation, and appointment of alleged APC members as RECs for INEC breaches Section 6(4) of the Electoral Act 2022, as well as 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 their country, either directly or through freely chosen representatives.
“The combined effect of the Nigerian Constitution, the Electoral Act, and international standards mandates that elections are genuinely organised by a truly independent body,” SERAP stated.
