From Harold Smith To Joash Amuptian: Is Professional Affiliation An Impedement? A Historical And Legal Analysis Of INEC Chairmanship Appointments In Nigeria

By Godfree Matthew

ABSTRACT

The appointment of Prof Joash Ojo Amupitan as the Chairman of the Nigeria electoral umpire, Independent National Electoral Commission (Hereinafter referred to as INEC) was greeted with ululation of optimism that a ‘learned umpire’  has acceded a very sensitive position of public trust. His appointment enjoyed positive optimism partly because of his achievement as an  avid senior legal practitioner who is vast in the practice of the law; his Curriculum Viatae is a further witness to this reality. Politically, his appointment has filled the age long historical lopsidedness in the sense that this is the first time a Yoruba man is assuming this office. It equally appeases the quarters of the North, specifically, the North Central who are opportune to have somebody from that region for the first time as the INEC Chairman. Objective thinkers will agree that, in this instance, President Bola Ahmed Tinubu is a ‘Daniel come to judgement’ who promoted historical justice in Nigeria. But is it in all situations that justice is acceptable by all? The answer is no, because the pond of cynicism never ran dry excuse. One of the cynical concern against the appointment of Prof Joash Amupitan, SAN, was that he was once a counsel to President  Ahmed Bola Tinubu. So, having represented Tinubu as a lawyer, he is not expected to be appointed as the Chairman of INEC.  However, there are others who differ to the effect that professional affiliation does not impede one’s criteria for the election into the Office of Chairman of INEC. It is against this background that this article seeks to interrogate the historical antecedents of the appointments of electoral chairmen in Nigeria. In the course of  this discourse,  reference to doctrinal sources will be apt because what this paper seeks to address are purely historical and legal matters – which can best be done via exploration of statutes, case laws, books and articles in journals.The aim of this paper is to influence policy formulation, create awareness and contribute to knowledge.

Key Words:  Harold Smith, Joash Amupitan, Profesional Affiliation, Appointment, INEC, Analysis

INTRODUCTION 

In addressing the concerns raised in the abstract of this paper, this writer deemed it strategic to structure this paper into four. The first part will examine historical context of the appointment of the head of electoral bodies in Nigeria. The second part will examine the professional affiliations of the various head of Nigerians Electoral bodies in the history of Nigeria. The third part will examine what the law says in the case of the appointment of Prof Joash Amupitan, SAN. The fourth part proffers a workable solution on how to address these concerns.

THE CHRONICLE OF CHAIRMEN OF NIGERIAN ELECTORAL BODIES

Before exploring the history of the leadership of Nigerian electoral bodies, it is apposite to give a brief background of that institution. The first Nigerian electoral body was known as Electoral Commission of Nigeria (ECN) .[1] It was established in 1958-9.  This was a body set up by Britain to conduct election that will usher Nigeria into an independent democratic nation. In 1960, with the attainment of independence, the electoral body was named the Federal Electoral Commission (Hereinafter Known as FEDECO). The name FEDECO survived for  29 years till it was changed to the National Electoral Commission of  Nigeria (NECON) under President Ibrahim Babangida in 1989. NECON survived the Second Republic, until it was changed to Independent National Electoral Commission (INEC) in 1998 by the former Head of State, General Abdul Sallami Abubakar.

Since 1999, INEC has continued to conduct elections in Nigeria. It has conducted elections in 1999  and 2003  that saw the double tenure of President Olusegun Obasanjo. It also conducted the election that brought in President Umaru Musa Yar’Adua in 2007. When Yar’Adua died, Dr Ebele Goodluck Jonathan continued the tenure of Yar’adua . He was re-elected in 2011 in the election conducted by INEC. In 2015 , INEC conducted election that ousted President Goodluck Jonathan and brought in President Muhammadu Buhari.  INEC conducted the 2019 election when Buhari was re-elected for the second term. When Buhari’s tenure ended in 2023, INEC conducted the election that brought in Ahmed Bola Tinubu as President of the Federal Republic of Nigeria. INEC has conducted 7 uninterrupted elections  since 1999 till date, under the leadership of justice Ephraim Akpata (rtd), Maurice Iwu, Attahiru Jega and Prof Mahmoud Yakubu.

Having examined the evolution of the electoral bodies in Nigeria, the next part of this paper is to highlight the names of persons who have occupied such positions. For the purpose of clarity this paper adopted a tabulated format for listing the various Chairmen of Nigeria’s Electoral bodies ( from 1958 to 2025)  as reflected below:

From the above , it shows that the office of electoral chairmen was occupied  by people  from different profession. These professionals might have been occasioned to perform their professional duties in promoting democracy in Nigeria at some point in time. So, can their nomination be invalidated because they exercised their professional duties to politicians and Nigerians? Does it mean that for one to become an INEC Chairman he must be totally apolitical, even at the detriment of his democratic right of political participation? More details will be shared on these posers at the next part of this papers.

INTERROGATING THE PROFEESIONAL AFFILIATIONS OF THE PREVIOUS HEADS OF ELECTORAL UMPIRE VIS-A-VIS THEIR  APPOINTMENTS

The discussions from the previous paragraphs reveal that all the former heads of Nigerian electoral bodies were experts in their field. They are past-masters in their professions who were in resourceful capacity as experts to contribute to national development through transparent and credible election. In the course of their professional duties they might have served people from different walks of life. They might not be aware of what those clients or customers will be in the future. Incidentally, when tomorrow comes both the teacher and his students, doctor and his patients, lawyer and his clients, customer and his vendor will assume different status? Can we use their past relationships as a basis of disqualifying their present achievements? Were there no former students of Eyo Ita Esua that might have contested election in the First Republic when he was made the head of Electoral Commission of Nigeria? Can we factually conclude that when Victor Ovie-Whisky was made the Chairman of FEDECO, some of his clients or associates did not contest? The same question extends to Justice Ephraim Akpata when he was made the INEC Chairman. Again, can we also argue that Sumner Dagogo-Jack  and Professor Maurice Iwu should not have been appointed as Chairmen because some of their patients will be contesting elections? [2] Was that enough basis to disqualify them? Fortunately, the Nigerian government by then did not give attention to professional affiliation as a ground for their appointment.[3]

Furthermore, it was on record that Prof Attahiru Jega was a former President of Academic Staff Union of Universities  (ASUU). Jega was also linked to Nigeria Labour Congress (NLC).[4] Was there any genuine concerns to disqualify the appointment of Jega as INEC Chairman because Goodluck was a lecturer (who might have been an ASUU member)? Or that Adams Oshiomole, former NLC Chairman was contesting?  These posers are raising concerns on the need to draw a dichotomy between professional responsibility  and partisanship in the appointment of INEC Chairmen.

Professionals are men who are skilled in their tasks and by virtue of which they are responsible to provide such services to the society. A teacher is an expert that imparts knowledge, doctors and pharmacists are the heartbeat of healthy society, nurses are the caring experts of humanity, the list goes on. One thing that sets professionals apart from other vocations is the existence of professional ethics,[5] which mostly centres on doing good, avoiding harm to the society and avoiding discrimination. Therefore, can we now say that because of politics, politicians should be discriminated in the essential services professional offer to the society? Are politicians and politics not part of the larger Nigerian society? It is from these prism that this work highlights the need for our laws and policies to be rexamined to ensure that professional affiliation and professional services rendered should not affect the appointment of the Chairman of INEC. To strongly support this view, there is the need to explore what the law says about the requirements for one to be appointed as the INEC Chairman.

LEGAL REQUIREMENTS FOR THE APPOINTMENT OF INEC CHAIRMAN

In the eyes of the law, there are two criteria for determining the eligibility of a person to be appointed the Chairman of INEC. The first criterion is, which institution has the statutory body to determine the eligibility of the person appointed? The second criteria is, does the person appointed satisfy the qualification expected of him by the law? With regards to the first criterion, the statutory bodies empowered to appoint the INEC Chairman are the President, the Council of State, and the National Assembly.[6]

The President is the ultimate authority to initiate the process of appointing  INEC Chairman. It is within his discretion and power to decide whoever he wants to be an INEC Chairman.[7] The power of the President in the appointment of the INEC chairman shall be done in conjunction with two constitutional bodies; the Council of State and the National Assembly.

The Council of State serves as consultative forum for the President before he can appoint the INEC Chairman. It is an advisory body to the President on whether certain persons are qualified for the appointment as members of INEC or Chairman. This is the body that is opportune to sit with the President and reason with him on who should be appointed an INEC Chairman. After that it can advise the President on the propriety or otherwise of such candidate.

The National Assembly is another institution that is empowered to validate the decision of the President and the Council of State on a person appointed to be the INEC Chairman. They are the constitutional bodies that can confirm whether or not the person appointed by the President and the Council of State can become the Chairman of INEC.

The above exposition explore the roles and qualifications of statutory bodies that can appoint and confirm the status of an INEC Chairman. The next line that this paper seeks to explore is, what are the personal qualifications of a person seeking to become an INEC Chairman? This paper will respond to this question in two ways viz; (a) qualifying factors for becoming INEC Chairman, and (b) disqualifying factors for becoming an INEC Chairman.

The qualifying factors for becoming INEC Chairman refers to factors that any person appointed for the position of INEC Chairman is expected to have marked. It is the qualities or attributes that they are expected to possess. Thus, a prospective INEC Chairman must have the following attributes: [8]

• Non-Partisan;
• Unquestionable integrity;
• Not less than 40 years of age

By the requirement for non-partisan,  the INEC Chairman is expected to be a neutral and unbiased person devoid of any political affiliation. It means that such a person is not a member of or connected with a group or political party.[9] It refers to the tendency of not supporting the idea of one political party or group of people.[10] It is a state of detachment from persons who are interested in any sphere of engagement. It means that the person engaged in any venture involved is completely detached and disinterested from the affairs of the persons he is to supervise or coordinate their activities. It is from this perspective that Nigerian Constitution contemplates ‘Non-Partisan as qualification for becoming INEC Chairman.

The requirement of unquestionable integrity implies that such person must be someone of impeccable character. He must be a person whose reputation is outstanding in terms of integrity. Such requirement further connotes that such person must be somebody with rich antecedent that is rooted in honesty and probity. For this reason any person aspiring to occupy the sensitive position of INEC must ensure that he is in good standing in the eyes of the law as well as the ’court’ of public opinion.

The requirement for age qualification is 40 years. This means that the prospective INEC Chairman must be 40 years at the time of his appointment. The choice of 40 years might have been to consider the occupant of such office as somebody who must be mature in terms of sound reasoning and  experience.[11] This requirement implies that such age must be proven to be the real age of the prospective persons

From the exegesis of the above criteria,  the questions that should have flooded the public agora are: (a) Was Prof Joash Amupitan, SAN, partisan to any political party as a card carrying member? (b) Did he contest in any political party? The recent allegations that he was in the legal team of President Tinubu, which is a professional affiliation, was not even found to be factual.[12]The next area of concern should be, does Prof Joash Amupitan, SAN, have integrity that entitled him to occupy such a sensitive position?  These  posers should have prompted the public to dig the antecedent and the precedent of Prof Joash Amupitan, SAN, to see if he is wanting, and then report to appropriate authorities. Again, the age qualification can be substantiated by resorting to the birth certificate of Prof Joash Amupitan, SAN, to confirm whether he is 58 years as his Curriculum Vitae reveals.[13] Failure  to prove otherwise, is a clear indication that Prof Joash  Amupitan has satisfied the qualifying factors to be appointed the INEC Chairman.

Having examined the qualifying factors, it is pertinent to examine the disqualifying factors stipulated by the Constitution. The disqualifying requirements for any person appointed to be INEC Chairman are:

• Where such person is established to be Partisan;
• He lacks integrity; and
• He is below 40 years of age.

These requirements are the reverse of the qualifying factors for appointment into the office of INEC Chairman established by 1tem 14(2) (a) and (b) of The Third Schedule to the 1999 Constitution. Further disqualifying criteria for INEC Chairman ( and other heads of the Federal executive Bodies mentioned in section section 153 of the Constitution) are outlined in the generic provision of section 156 (1) as follows:

(a ) Such a person disqualified for election as a member of House of Representatives;

(b ) A member of a political party;

(c) Must not have been removed in preceding 10 years as head of any office due to misconduct;

(d) Such person was previously appointed as member or Chairman of INEC;

From the above imports of section 156(1) the disqualifying factors do not contemplate professional services rendered or affiliation as disqualifying factors. What it considers disqualifying factors are whether such persons are under any disability to contest the sit of the members of House of Representative[14]or belonging to any political party. Other disqualifying factors include previous conviction for  misconduct while holding public office for the previous 10 years and being a former member of INEC. These are the legal grounds upon which a person may be disqualified for appointment as INEC Chairman. None of these grounds contemplates professional affiliation or services as  a disqualifying factor.

POLITICAL AND MORAL CONCERNS RELATING TO THE APPOINTMENT OF PROF JOASH AMUPITAN AS INEC CHAIRMAN

The appointment of Prof Joash Amupitan has addressed a political concern. Over the years,  it was noted that no Yoruba person has been appointed to the office of INEC Chairman.[15] The appointment of Prof Joash Amupitan, SAN, has satisfied the historical justice that political analysts yearn for over the years. Further, appointment of Prof Joash Amupitan, SAN, reveals that this is the first time a person from the North Central is appointed as the INEC Chairman. Thus, his appointment is historic both from ethnic and geopolitical perspectives.

The moral concerns relating to the appointment of Prof Joash Amupitan, SAN, was based on the allegations that he was a former lawyer to President Tinubu. Even though, it was established that the allegation was unfounded, it raises one moral concern; can a professional antecedent of a professional affect his subsequent appointment as INEC Chairman? To illustrate this further, can a doctor who treated his patient be disqualified from acting as INEC Chairman because his patient is contesting or intended to contest an election? Can a driver be disqualified from appointment as INEC Chairman because some of his former passengers are contesting for an elective post? This is the moral dilemma that the appointment of Prof Joash Amupitan, SAN, has brought.  It is an issue that policy and law makers should give a second thought.

Closely linked to the moral concern is the the legal dilemma on what constitutes the notion of non-partisanship contemplated in section 156 (1) (a)? Does it include rendering professional services to clients and other related persons? Can a legally qualified person be disqualified from INEC appointment because of his antecedent with his client, patient or a customer? This is one of the questions that the appointment of Prof Joash Amupitan has provoked. It has spurred debates and polemics on what the actual intention of the law on the concept of non-partisanship is, and what are the exceptions thereto.

 WAY FORWARD

In the midst of this polemics, Nigeria should be patriotic enough to trust the system and its processes. The appointment of Prof Joash Amupitan should not be dismissed with  a wave of nonchalance that he can easily be controlled by his appointer; President Ahmed Bola Tinubu. History has surprised Nigerians with two instances. The first was the rift between ‘controversial Harold Smith’ and the British Empire. Record has it that [16] Harold Smith though Briton, was once against colonial injustice. He once refused to act against a colonial  manipulation of electoral integrity when he remarked that “No…this would be a criminal act”.[17]  The second instance was the case of Prof. Eme Awa who was appointed the Chairman of NECON by President Ibrahim Babaginda. When he refused to be bribed and influenced by Babangida’s regime, he resigned. He was the only Chairman of electoral umpire in the history of Nigeria to have resigned till date. These persons who have gone ahead of Prof Joash Amupitan have laid precedents for him to follow where his integrity will be at stake.

Again, the notion of non-partisanship and partisanship in the appointment of political Chairmen should be addressed. The scope of partisanship and non-partisan under section 156 (1) (a) should be adequately prescribed. It should prescribe what it is and what it is not. All human beings are political animals that interact with one another in the wide theatre of democracy in different capacities. Nobody knows who will become what tomorrow.

There is need for non-partisan civil liberty organisations to have a say or be consulted before INEC Chairman is appointed. Non partisan civil societies that register will INEC should be given opportunity to have a say in the appointment of the INEC Chairman. The current position of restricting it to the Council of State under section 154 only comprises of politicians and their cronies. Thus,  non-partisanship cannot be totally guaranteed. There is a need for neutral parties like civil societies to be engaged.

Also, there should be a public notice of at least one month on the status of persons to be appointed as INEC Chairman. Just like public notices were given prior to the appointment of judges, let this approach be adopted in the appointment of INEC Chairman. Let the public confirm the veracity of the information and the integrity of such persons to be appointed as INEC Chairman. The public should have adequate time to verify certain information relating to the appointment of such persons.

CONCLUSION

The appointment of Prof Joash Amupitan SAN, has brought in some concerns that should inspire policy and legislative reforms relating to the appointment into the office of INEC Chairman. Such concerns should be able to spur stakeholders to look at how issues canvassed by the public and those reflected in this paper should be harnessed in order to enhance transparency and accountability in our democracy.

[1] Abimbola Olakunle, “ Electoral Umpires  as Structural Demons”, in  Make or Break ? A Handbook for April 2011 Elections in Nigeria,  (Anchor Newspaper Ltd., 2011) Pp. 240-244

[2] The basis for comparing using Dagogo here is because of his status as medical practioner who might have treated patients in the past before assuming the role of heads of Electoral Umpire. Otherwise, he is not a good example because he was appointed by late dictator , General Sanni Abacha to usher him unopposed. He was the most unpopular electoral Umpire Nigeria had. See Abimbola Olakunle, Loc.Cit.

[3] Abimbola Olakunle, Ibid

[4]Hallmarks of  Labour Foundation, “ Professor Attahiru Muhammadu Jega”, @ https:// hallmarks oflabour. org<accessed on October 14, 2025>

[5]APM, “ Demonstrating Integrity in a Complex World : The Importance of Ethics in Professional Life”, ( Institute  of Business Ethics, 2015)  P.7

[6] Section 154 of the 1999 Constitution provides for the power of the president to appoint members  and Chairmen of certain Federal Executive Bodies, including INEC.  Item 6(a) (iv)  of the Third Schedule  to the 1999 Constitution states the functions of the Council of States to include advising the President appointment of members  and Chairman of INEC.  The power of National Assembly to confirm the appointment of INEC Chairman is also reflected in section 154 (1) of the 1999 Constitution.

[7] Section 154 of the Constitution.

[8] Item 14 (2) (a) and (b) of the Third Schedule to the 1999 Constitution.

[9] Cambridge Dictionary, “ Non-Partisan”, @https://www.dictionary.com<accessed on October 13, 2025>

[10] Hornsby Alfred Sydney, “ Oxford Advanced Learner’s  Dictionary “ ( Oxford University Press, 2010) P.1000

[11] Psychology believes that people above 40 years of age have been found to be good in transformational leadership and management. See  Mushtaq Asima, Quireshi  Ishtiag   and  Javaid Aakifa Javaid,  “ Influence  of Age and Experience On Leadership Style”, P.51, Asian Journal of Managerial Science , VOL. 8 NO.1 , 2019 @https://www.researchgate.net<accessed on October 14, 2025>See also,   Bodajiev Marjan,  Stefanovska Miodraga , Handziski VeneraKrilu and Barlakoska Gbriele, “ Age Related Preferences of Leadership Style: testing McGregor’s Theory X AND y”, Journal of Management Research (8) (4); 187, 2016 @https ://www.researchgate.net<accessed on October 14, 2025>

[12] Enumah Alex, “Amunipatan Not Part of Tinubu’s Presidential Election Legal Team , Says Former Cordinator Ogala”, ThisDay, October 10@https://www.thisdaynews.live<accessed on October 14, 2025>

[13] See University of Jos, “ Prof Joash Ojo Amupitan (SAN)”, @https://www.unijos.edu.ng<accessed on October 14, 2025>

[14]The grounds for disqualification for House of Representatives under section 66 of the 1999 Constitution  include dual citizens, convicted by court for death sentence,  member of secret society, bankrupt, lunatic and others

[15] See the Table at page 3. See also Nigerian Leaders, “ Complete List of INEC Chairman From 1999 Till 1999”, January 21, 2025, @https://nigerianleaders.com<accessed on October 14, 2025>

[16] Achebe Chinua, “ There was a Country,” ( Allene Lane , 2012 ) P.50

[17] WordPress, “Harold Smiths’s Tribute Page”, Wordress.com@ https: // haroldsmithmemorial. wordpress. com < accessed on October 10, 2025>

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