SAN: Oditah Cautions Tinubu Against Appointing Political Loyalists as Next INEC Chair

A Senior Advocate of Nigeria (SAN) and highly regarded legal scholar, Professor Fidelis Oditah, has issued a stern warning to President Bola Tinubu, insisting that the next Chairman of the Independent National Electoral Commission (INEC) must be a person of impeccable integrity, independence, and proven competence, explicitly urging the President to reject any candidate viewed as a political loyalist. Oditah’s call follows the recent conclusion of the tenure of Professor Mahmood Yakubu, a period marked by unprecedented controversy over the technological failures of the 2023 general elections.

Dependable NG reports that the former Delta State governorship aspirant made this decisive call on Wednesday during an interview on ‘Prime Time’ on Arise Television, asserting that President Tinubu carries a profound constitutional and moral obligation to Nigerians to select an individual who can restore public trust in the country’s embattled electoral body. This is a crucial step for the administration, as the credibility of future polls largely depends on the public perception of the leadership’s non-partisanship. Oditah stated that the kind of leadership INEC requires is one that is “impartial, independent, competent, accountable, professional and trustworthy,” adding pointedly that no observer of the 2023 elections could honestly commend INEC’s performance.

The legal expert stressed that the root problem of Nigeria’s electoral disputes is not a deficit in the law itself, but a profound crisis in governance and character among those charged with implementing the legal framework. He argued that the nation’s legal architecture, including the provisions of the Electoral Act 2022, is robust and adequate, yet it is consistently “undermined by the human element” through acts of bias, incompetence, or deliberate compromise. He warned against the illusion that integrity can be legislated into existence, emphasizing that the right character is a precondition for the job.

Furthermore, Professor Oditah did not limit his criticism to the electoral umpire, extending his condemnation to the judiciary. He expressed deep concern over what he described as “dodgy jurisprudence” emanating from the courts in post-election cases, especially those concerning the failure of the electronic transmission of results via the INEC Result Viewing Portal (IReV). This critique refers to the judicial rulings that, while affirming the final results, often dismissed the evidence of widespread irregularities and the failure of INEC to adhere to its own guidelines and statutory obligations regarding transparency. This perceived validation of flawed processes by the courts, according to Oditah, completes a cycle of accountability failure, weakening the rule of law and setting a dangerous precedent for future contests. As the nation prepares for upcoming off-cycle and 2027 general elections, the choice of the next INEC Chairman will serve as a critical indicator of President Tinubu’s commitment to genuine electoral reform and national democratic stability.