*Legal practitioners threaten court action
*Accuse President of politicising electoral body
*Cite breach of Constitution, anti-corruption laws
Professor Joash Amupitan (SAN), Chairman of the Independent National Electoral Commission.
The nomination of Professor Joash Amupitan (SAN) as Chairman of the Independent National Electoral Commission (INEC) has sparked a fresh wave of controversy, as a leading legal association has petitioned the National Assembly, alleging that his appointment violates constitutional provisions and undermines the integrity of Nigeria’s electoral process.
In a strongly worded letter addressed to the President of the Senate and routed through the Senate Committee on Electoral Matters, the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) warned that confirming Prof. Amupitan — who previously served as Lead Counsel to the All Progressives Congress (APC) during the 2023 presidential election petition would be a clear conflict of interest and an affront to democratic norms.
The group, made up of over 1,000 lawyers working within the National Assembly and other legislative bodies, also threatened to initiate legal proceedings if the Senate proceeds with the confirmation process.
Conflict of Interest Alleged
ALDRAP argues that Prof. Amupitan’s past political role disqualifies him from leading INEC, a body constitutionally mandated to operate independently and impartially.
“It is a settled principle that a person who has represented a political party in court especially in a presidential election dispute cannot be perceived as neutral or independent,” the petition, signed by Jesse Williams Amuga, ALDRAP’s Administrative Secretary, stated.
Quoting Section 5 of the Code of Conduct Bureau and Tribunal Act, ALDRAP said Amupitan’s acceptance of the nomination puts him “in a position where his personal interests conflict with his duties and responsibilities,” particularly if called to oversee elections involving the APC.
The letter also referenced Section 19 of the ICPC Act, which prohibits public officers from using past influence to gain personal advantage.
“This nomination is not only unethical; it is potentially unlawful,” ALDRAP said.
Precedent and Political Implications
The Association cited the 2021 rejection of Lauretta Onochie, a former aide to President Buhari, by the Senate as precedent. Onochie was deemed ineligible due to her partisan ties to the APC.
“The Senate must apply the same standard now, or risk being accused of selective interpretation of the law,” the group argued.
The development has already begun to attract political reactions. Critics argue that the nomination is a strategic move by the Presidency to retain control of the electoral commission ahead of future elections, while supporters of the administration insist that Amupitan’s legal credentials and academic experience make him suitable for the role.
A source within the Senate, who spoke on condition of anonymity, confirmed that the letter has been received and may be discussed in an executive session before a decision is made on whether to screen the nominee.
Perhaps the most consequential aspect of the petition is ALDRAP’s explicit threat of litigation.
“If the Senate proceeds with Prof. Amupitan’s confirmation, we shall approach the courts to compel compliance with constitutional and statutory standards,” the group stated.
Analysts suggest such a legal battle could delay the appointment process and deepen ongoing concerns about the politicisation of democratic institutions in Nigeria.
Silence from the Presidency and Senate
As at the time of filing this report, there has been no official response from the Presidency or the Senate Committee on Electoral Matters, chaired by Senator Simon Lalong.
The Presidency had earlier transmitted Amupitan’s name to the National Assembly in what was described as a move to “strengthen electoral institutions,” but critics say the choice contradicts that goal.
Political observers warn that the outcome of this nomination may shape the credibility of INEC and set a precedent for future appointments to sensitive constitutional offices.
International Attention
In a notable move, ALDRAP copied foreign diplomatic missions including the embassies of the United States, United Kingdom, and the European Union in its letter, signaling its intent to internationalise the issue if the nomination is not reversed.
“This is no longer a domestic debate alone,” said political risk analyst, Dr. Ayoola Fakunle, in an interview. “The credibility of Nigeria’s elections is of global interest, and any sign of partisanship at the helm of INEC will draw serious concern from development partners.”
With public pressure mounting and legal threats looming, all eyes are now on the National Assembly as it weighs whether to move forward with Amupitan’s confirmation or revisit the nomination entirely.
If the Senate proceeds despite the warnings, a prolonged court battle could follow with implications not just for the current administration, but for the future of electoral democracy in Nigeria.
