Protect the Integrity of INEC Before Nigerians Lose Confidence in the Electoral Process
Dear Professor Joash Ojo Amupitan (SAN),
I write as the Director General of the Opomulero Group and a concerned Nigerian who believes that the credibility of our democracy depends on the independence, integrity, and impartiality of the Independent National Electoral Commission (INEC).
My simple question is this: Did INEC supervise the Ondo State APC primary election?
If the answer is yes, then Nigerians deserve to know why the outcome of a primary election conducted under INEC’s supervision is now the subject of controversy. The Commission has a constitutional duty to protect the integrity of every electoral process it monitors and to ensure that the law prevails over political interests.
The Electoral Act 2022 is clear on this matter. Once the winner of an INEC-monitored primary has been submitted under Section 29 of the Act, such a candidate cannot be substituted except under circumstances expressly provided by law.
Section 33 of the Electoral Act permits substitution only in the event of the candidate’s death or voluntary withdrawal. Section 31 provides that withdrawal must be by a personally signed written notice from the candidate, while Section 34 provides for substitution only where a candidate dies. Nowhere does the law empower a party’s National Working Committee (NWC) or Appeal Committee to arbitrarily remove or replace a candidate after submission to INEC simply because they have reached a different political decision.
Furthermore, Section 84 of the Electoral Act requires INEC to monitor party primaries, reinforcing the Commission’s responsibility to uphold the credibility of the process it witnessed. Where a primary election has been duly monitored by INEC, any attempt to substitute the validly nominated candidate outside the provisions of the law should not receive the Commission’s approval.
Professor Amupitan, this is bigger than the APC or Ondo State. The manner in which INEC responds to the ongoing controversy over candidate substitution will shape public confidence in the Commission ahead of the 2027 general elections. Nigerians expect INEC to remain guided by the Constitution and the Electoral Act, not by political pressure.
Across the country, political parties, civil society organisations, legal practitioners, and democracy advocates are watching closely. Any action perceived as endorsing an unlawful substitution is likely to generate avoidable litigation and diminish public confidence in the electoral process.
The people of Ondo State believe in democracy, justice, and the rule of law. They deserve the assurance that the outcome of a duly conducted and INEC-supervised primary election will not be altered through unconstitutional means.
I therefore respectfully urge you to protect the integrity of INEC and preserve the confidence Nigerians have placed in the Commission. History will remember institutions that stood firmly for justice, transparency, and the rule of law when it mattered most.
Nigeria’s democracy is greater than any political interest. Let INEC remain the unbiased guardian of the electoral process and uphold the provisions of the Electoral Act without fear or favour.
Hon. Olasupo Olakunori
Director General, Opomulero Group
