Nigeria’s electoral process has come under renewed scrutiny following widespread online reports claiming that a federal high court in Osogbo, Osun State, had ordered the arrest of Professor Mahmood Yakubu, immediate past chairman of the Independent National Electoral Commission (INEC). INEC swiftly responded to these reports on Friday, October 10, labelling them as “misleading,” and clarifying its stance on the ongoing matter.
Recent media accounts suggested that Justice Adefunmilola Demi-Ajayi of the federal high court in Osogbo had issued a directive for the arrest and imprisonment of Prof. Yakubu. The claim was allegedly based on an accusation that the former INEC chairman failed to comply with a prior court judgment. This judgment reportedly centered on the removal of national officers of the Action Alliance (AA) party from the commission’s official platform.
INEC Addresses Speculation Over Court Order Against Yakubu
The crux of the controversy dates back to September 29, when news outlets reported that the Osogbo court found Prof. Yakubu in contempt for not relisting the national executive of the Action Alliance, reportedly led by Rufai Omoaje, as demanded in suit FHC/OS/194/2024. The applicants had gone to court seeking the re-enlistment of their elected officials on the INEC portal, after their removal raised concerns about party representation and the commission’s processes.
Responding to mounting pressure and confusion, INEC released a formal statement signed by Sam Olumekun—INEC National Commissioner and Chair of the Information and Voter Education Committee. In the statement, Olumekun confirmed the commission had already “filed processes at the federal high court, Osogbo to demonstrate compliance with its judgment and the reinstatement of the AA executive, as elected in Abeokuta, Ogun State on October 7, 2023.”
Olumekun further clarified that the commission’s actions were consistent with the court’s declarations, and advised the public to disregard unverified stories circulating online. “We urge Nigerians to rely on official releases and verified sources for accurate information regarding INEC’s activities and decisions,” the statement read.
Legal analysts based in Lagos note that, ordinarily, when court orders are not followed by public institutions, the court may issue a contempt order. However, such proceedings are only concluded after all due legal processes and appeals have been exhausted, and INEC’s filing at the Osogbo court demonstrates an ongoing commitment to due process.
According to Barrister Olufemi Tunji, a constitutional lawyer, “There is a high threshold for imprisonment of public officers over non-compliance. It is rare for courts to move straight to contempt orders without giving respondents — especially federal agencies — adequate time to respond, comply, or appeal.” He further adds that the judicial process is designed to be transparent and measured, especially when fundamental issues such as political party rights are at stake.
This incident has put a spotlight on the delicate balance between judicial authority, electoral integrity, and the operational independence of Nigeria’s electoral umpire. It also highlights the growing role of digital media in shaping public opinion, sometimes resulting in widespread misunderstanding or the amplification of unconfirmed claims.
“However, when the judgement creditors filed a counter affidavit to complain that the Commission partially complied by listing the names of only four national executives without the National Chairman, Rufai Omoaje, the Commission responded by attaching the Notice of Appeal filed by the same Omoaje at the Supreme Court, challenging the judgement of the Court of Appeal sacking him as the National Chairman of the party.
“The judgement of the Court of Appeal is superior to that of the federal high court, hence, the Commission cannot list Omoaje’s name as the Chairman of the Action Alliance party when the judgement of the Appeal Court is still subsisting.”
Electoral Institute Hosts Ethiopian Delegation for Capacity Building
In a separate but significant development, the Electoral Institute (TEI), which serves as a knowledge and training center for INEC, held a one-week study visit with a high-level delegation from the National Election Board of Ethiopia (NEBE) and members of the Coalition of Ethiopian Civil Society Organisations for Elections (CECOE). The Ethiopian delegation was led by NEBE’s Deputy Chairperson, Tesfaye Niwai, while CECOE was represented by Executive Director Abera Hailemariam.
The visit, which unfolded on Thursday, October 9, at TEI’s main auditorium, highlighted the importance of cross-border experience sharing in promoting transparent, credible, and resilient electoral systems. African electoral institutions continue to face similar challenges, ranging from voter education and registration logistics to safeguarding electoral data and fostering public trust.
Prof. Ibrahim Sani, Acting Director-General of TEI, gave a comprehensive presentation outlining the Institute’s mission, history, and evolving priorities. He emphasized TEI’s instrumental role in enhancing the technical capacity of electoral officers while advancing best practices across INEC’s regional offices and partner agencies. By clarifying the office functions — including research, policy documentation, and staff training — Prof. Sani reiterated TEI’s readiness to engage with similar institutions across Africa for mutual growth.
“Strengthening electoral knowledge through benchmarks and training is the bedrock of credible elections on the continent,” noted Prof. Sani. Visiting delegates lauded Nigeria’s efforts and expressed hope for deeper regional collaboration to build strong democratic institutions.
For many observers in Nigeria, Ghana, and beyond, such partnerships underscore a growing continental commitment to best practices, peaceful transitions, and innovation in governance—crucial for Africa’s democratic growth.
Focus Shifts to INEC Leadership: President Tinubu Backs New Chairman Nominee
Meanwhile, attention has shifted to the impending change in INEC leadership. President Bola Tinubu, at a recent Council of State meeting held at the Presidential Villa in Abuja, explained his rationale for nominating Professor Joash Amupitan as the new head of INEC. According to the president, Amupitan’s strong record of integrity, non-partisanship, and longstanding service made him the preferred candidate to succeed Prof. Yakubu.
President Tinubu’s announcement was met with unanimous support from council members, signaling a desire for continuity in reform and stability at the commission. Governance analysts say the selection of an INEC chair is a critical milestone in Nigeria’s electoral journey, affecting not just future election outcomes, but also public perceptions of fairness and inclusiveness.
“A credible INEC chair is essential for sustaining public confidence in our democracy,” remarked Dr. Nnenna Obialo, a political scientist at the University of Lagos. “Nigerians, and indeed all Africans, will be watching closely to see if this transition leads to improvements in election administration and transparency.”
Citizens both within and beyond Nigeria’s borders are keenly observing these developments, hoping for reforms that ensure future polls are more transparent, inclusive, and peaceful. The process of selecting electoral leaders is not unique to Nigeria; similar scrutiny follows appointments in Ghana, South Africa, and Kenya, where strong institutions are also seen as vital for stability and investor confidence.
However, critics stress that legal controversies and leadership transitions must be matched by real reforms on the ground, including staff training, better voter registration, and effective conflict resolution during election seasons. Implementing these practical solutions is key to addressing electoral disputes and sustaining democracy in Africa’s largest democracy.
Looking Ahead: Navigating Electoral Integrity and Public Engagement
The recent episode surrounding alleged court orders, INEC’s clarification, ongoing reforms, and leadership transitions highlight the evolving nature of Nigeria’s democracy. As the nation prepares for upcoming elections and strengthens ties with regional partners, both opportunities and pitfalls remain. Ensuring judicial processes are followed, relying on credible information, and implementing sustained institutional reforms will help buttress public trust in electoral outcomes.
What are your views on INEC’s response to recent legal challenges—and how should Nigeria approach future reforms in electoral administration? Drop your comments below and join the conversation!
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