Socio-Economic Rights and Accountability Project (SERAP) has urged Professor Joash Amupitan, the newly nominated chairman of the Independent National Electoral Commission (INEC) to “prioritise and ensure the effective prosecution of politicians and their sponsors who are suspected to be responsible for electoral offences, including violence, bribery, vote-buying, conspiracy, and undue influence during the general elections and off-cycle elections since 2015.”
SERAP urged him to “prioritise the amendment of the Electoral Act 2022 to ensure the conduct of free and fair elections in 2027, in conformity with the provisions of the Nigerian Constitution 1999 [as amended] and the country’s international obligations.”
SERAP also urged him to “ensure that any reform of the Electoral Act includes provisions for the timely prosecution of electoral offences and access of voters to justice and effective remedies for violations of their fundamental rights.”
President Bola Tinubu had last week nominated Amupitan as the new INEC chair. If confirmed by the Senate, he will replace Mahmood Yakubu, who left the position last week, weeks before the expiration of his second term of five years.
In the letter dated 11 October 2025 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “Impunity for past electoral offences is a major barrier to free and fair elections in Nigeria. Mr Amupitan must demonstrate that INEC under his watch would not tolerate electoral offences in the country’s elections.”
SERAP said, “Unless the legacy of impunity for these grave electoral offences is combated and perpetrators, especially high-ranking politicians and their sponsors are effectively prosecuted and voters provided with access to justice, those contemplating electoral crimes will feel unconstrained in future elections.”
According to SERAP, “the general elections and off-cycle elections conducted since 2015 have been characterised by grave electoral offences, including violence, bribery, vote-buying, conspiracy, and undue influence, making a mockery of INEC.”
The letter, read in part: “High-ranking politicians and their sponsors are rarely brought to justice for electoral offences, reinforcing a culture of impunity for violations of Nigerians’ democratic rights.”
“There cannot be a fair electoral process if the body managing the electoral process fails to ensure the effective investigation and prosecution of electoral offences and access of voters to justice and effective remedies.”
“No right is more precious in a democratic society than that of having a voice in the election of those who govern the citizens, and other rights, even the most basic, are illusory if unresolved electoral offences are not thoroughly investigated and prosecuted, and voters are not provided with access to justice.”
“We would be grateful if the recommended measures are taken upon your confirmation by the Senate and your assumption of office. Should you and INEC fail to act as recommended, SERAP shall consider appropriate legal actions to compel you and INEC to comply with our request in the public interest.”
“The persistent failure by INEC leadership to ensure the effective investigation and prosecution of electoral offences makes a mockery of Nigeria’s electoral process and participatory democracy and undermines public trust in the electoral body.”
“The 2027 general elections and the off-cycle elections are crucial for the promotion and protection of the human rights of Nigerians.”
“Ensuring accountability and ending the impunity of perpetrators of electoral offences would enhance Nigerians’ rights to participate in their own government including to vote in free and fair elections, as well as ensure respect for the rule of law.”
“The effective prosecution of electoral offences and access of voters to justice and effective remedies would serve a legitimate aim, namely, the proper functioning and maintenance of the democratic and electoral processes.”
“It would also enhance the integrity of the electoral process and public trust and confidence in the ability of INEC under your leadership to impartially and independently carry out your responsibilities.”
“The crisis confronting the country’s elections and lack of public trust and confidence in the electoral process can be addressed if impunity for electoral offences is combated through a transparent, credible and effective investigation and prosecution of suspected perpetrators.”
“Electoral offences are clearly contrary to the express provisions of the Nigerian Constitution, the Electoral Act and international standards.”
“Persistent cases of electoral offences in the country’s elections gravely violate Nigerians’ right to vote, which is central to the effective participation of every citizen.”
“The Nigerian Constitution provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.’”
“Sections 121 and 127 of the Electoral Act prohibit electoral bribery and undue influence before, during and after any election. Section 145(2) provides that, ‘a prosecution under this Act shall be undertaken by legal officers of the Commission or any legal practitioner appointed by it.’”
“Similarly, the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and the African Charter on Democracy, Elections and Governance guarantee the right to political participation, including the right to vote.”
“These human rights treaties to which the country is a state party contain broad provisions on the right of Nigerians to democratic elections.”
“The right to vote is fundamental and is the essence of a democratic society, and any restrictions on that right strike at the heart of representative government. Nigerians should have the final say in the election of governmental officials.”
“According to the African Union’s (AU) Declaration on the Principles Governing Democratic Elections in Africa, AU member states including Nigeria must ‘take all necessary measures and precautions to prevent the perpetration of fraud, rigging or any other illegal practices throughout the whole electoral process, in order to maintain peace and security.’”
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