•Tinubu and SERAP logo
The Socio-Economic Rights and Accountability Project (SERAP) has given President Bola Tinubu 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 expire in November 2025 or face legal action.
SERAP urged him 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, reports Daily Independent.
SERAP also urged him to use the opportunity of the appointment of a new INEC chairman to reconsider 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.
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, subject to a Senate confirmation.
In the letter dated September 27, 2025, and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “The selection and appointment process for Mr. 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.
“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 Mr. 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.’
“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 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.
“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.”
