By Titilope Joseph

Copyright independent

LAGOS – The Socio-Economic Rights and Accountability Project (SERAP) has given President Bola Tinu-bu seven days to make public the details of the selection and appointment process for the next chairman of the Independent National Electoral Commission (INEC), as the tenure of Prof. Mahmood Yakubu is set to ex-pire in November 2025 or face legal action.

SERAP urged him to disclose the number and names of can-didates for INEC chairman and whether the Council of State has been consulted or would be consulted in making the ap-pointment, as constitutionally required.

SERAP also urged him to use the opportunity of the appoint-ment of a new INEC chairman to reconsider appointment of at least three alleged members of the All Progressives Congress (APC) as Resident Electoral Com-missioners (RECs) of the INEC and to nominate non-members of a political party as replace-ment.

Prof. Mahmood Yakubu will leave office as INEC chairman in November, having completed his two-term tenure of 10 years. President Tinubu is expected to appoint his successor soon, sub-ject to a Senate confirmation.

In the letter dated September 27, 2025, and signed by SERAP deputy director Kolawole Olu-wadare, the organisation said: “The selection and appointment process for Mr. Yakubu’s replace-ment 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 se-lection and appointment process of INEC chairman and the abili-ty 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 inde-pendence and impartiality and citizens’ participation in the elec-toral process.

“Transparency in the process would also ensure that competent and impartial people are appoint-ed and reduce the risks of conflict of interest. It would allow Nige-rians 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 elec-tions 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 in-consistent and incompatible with the Nigerian constitution and the country’s international hu-man 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 indepen-dent where it has administrative and financial autonomy; and of-fers sufficient guarantees of its members’ independence and impartiality.

“Openness and transparency in the selection and appointment process for Mr. Yakubu’s replace-ment and the appointment of a competent, independent and im-partial chairman would also help to address the perception of bias which characterised the opera-tions of INEC including during the 2023 general elections.

“Section 154(1) of the Nigeri-an 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.’

“Subsection 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 Ni-gerian 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 appoint-ment of a Resident Electoral Commissioner shall be in com-pliance with section 14 (3) of the Nigerian constitution.’

“The nomination, confir-mation 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 Inter-national Covenant on Civil and Political Rights to which Nige-ria is a state party guarantee the right of every citizen to partici-pate freely in the government of his/her country, either directly or through freely chosen repre-sentatives.

“We would be grateful if the recommended measures are taken within 7 days of the re-ceipt and/or publication of this letter. If we have not heard from you by then, SERAP shall con-sider appropriate legal actions to compel your government to comply with our request in the public interest.”