The Socio-Economic Rights and Accountability Project (SERAP) has urged President Bola Tinubu to use his ?good offices and leadership position to reconsider his appointment of at least three alleged members of the All Progressives Congress (APC) as Resident Electoral Commissioners (RECs) of the Independent National Electoral Commission (INEC).?

SERAP urged him ?to urgently nominate qualified Nigerians who are persons of unquestionable integrity and a non-member of a political party as replacement for the alleged APC members and to submit the names of any such Nigerians for confirmation by the Senate ahead of the 2027 general elections.?

SERAP also urged him to ?urgently direct Mr Lateef Fagbemi, SAN, the Attorney General of the Federation and Minister of Justice to draft and send a bill to the National Assembly to enhance the independence of INEC, in conformity with your oath of office and constitutional requirements ahead of the 2027 general elections.?

SERAP?s letter followed the nomination by the president and confirmation by the Senate of Messrs Etekamba Umoren (Akwa Ibom) Isah Shaka Ehimeakne (Edo), Bunmi Omoseyindemi (Lagos), and Anugbum Onuoha (Rivers) in October 2023.

In the letter dated 7 June 2025 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: ?Holding the 2027 general elections amid the appointment of partisan RECs will make a mockery of Nigerians? right to participate in free and fair elections and undermine public confidence in the electoral process.?

SERAP said: ?Sending a draft bill to the National Assembly well ahead of the 2027 general elections to improve the independence and impartiality of INEC would enhance the integrity and legitimacy of the elections, and address the serious and debilitating problems witnessed during the 2023 general elections.?

The letter reads in part: ?Public perception of the independence of INEC is essential for building public confidence in the electoral process. Where Nigerians have doubts about the independence of INEC, they are more likely to have less confidence in the electoral process, thereby undermining democracy.

?Your government has the constitutional responsibilities to ensure both the appearance and the actual independence and impartiality in the appointment of INEC top officials.

?The combined effect of the Nigerian Constitution 1999 [as amended], the Electoral Act and international standards is the requirement that elections must be organized by a truly independent and impartial electoral body.

?The credibility and legitimacy of elections depend mostly on the independence and impartiality of those appointed to manage the process. Without an independent and impartial INEC, the democratic rights of Nigerians would remain illusory.

?We hope that the aspects highlighted will help guide your actions in acting to reconsider the appointment of alleged APC members as RECs, nominate qualified Nigerians as replacement for them, and direct Mr Fagbemi to draft a bill to enhance the independence and impartiality of INEC.

?We would be grateful if the recommended measures are taken urgently to ensure respect for the sanctity and integrity of the electoral process ahead of the 2027 general elections.

?The status, powers, independence of INEC, and the impartiality with which it acts and is seen to be allowed to act, are fundamental to the integrity of Nigeria?s elections and effectiveness of citizens? democratic rights.

?Anyone to be appointed as RECs for INEC must clearly be non-partisan, independent, impartial and neutral. INEC officials ought to be able to discharge their legal duties and implement the Electoral Act without fear or favour.

?Nigeria?s electoral body must enjoy the independence from direction or control, whether from the government or any other quarter. It must be accountable to the electorate, and act accordingly.

?Treating INEC as a line department accountable to bureaucratic higher-ups and high-ranking politicians rather than as an independent and impartial body is antithetical to constitutional and international standards and the notion of the rule of law.

?The use of the word ?non-partisan? means that those to be appointed to conduct credible elections must not be people who openly identify as belonging to a political party, whose occupation is politics or who are perceived by ordinary Nigerians as having political biases.

?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.?

?Section 156(1) of the Nigerian Constitution provides among others that, ?in the case of the Independent National Electoral Commission, he[she] [the person to be appointed as a REC] shall not be a member of a political party.?

?Paragraph 14 of the Third Schedule of the 1999 Constitution provides among others that ?2. A member [of INEC] shall ?a. be non-partisan and a person of unquestionable integrity? 3. a Resident Electoral Commissioner shall ?b. be a person of unquestionable integrity and shall not be a member of any political party.?

?Under Section 6(4) of the Electoral Act, ?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.

?The United Nations Human Rights Committee has stated that states including Nigeria should establish independent electoral authorities to supervise the electoral process and to ensure that elections are conducted fairly, impartially and in accordance with established laws and international standards.

?The African Union?s African Charter on Democracy, Elections and Governance to which Nigeria is a state party also calls upon state parties to establish and strengthen independent and impartial national electoral bodies responsible for the management of elections.

?The will of the people is expressed through democratic elections. This requires that elections must be free, fair, legitimate and credible. However, the credibility and legitimacy of elections depend in part on the integrity and competence of the body conducting the process, and the transparency of the appointment process for RECs.

?Reconsidering the appointment of those who are allegedly members of the APC, and replacing them with people of unquestionable integrity and competence, and who are not members of any political party would improve the independence of INEC.?

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