No fewer than 1,000 practicing lawyers, under the auspices Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), have written a letter to the Senate asking it not to confirm Professor Joash Amupitan as next chairman of the Independent National Electoral Commission (INEC).
The Council of State, chaired by President Bola Ahmed Tinubu, nominated Professor Joash Amupitan for the INEC job at its meeting yesterday, October 9. His name is to be submitted to the Senate for confirmation, in accordance with the constitutional provision.
The group’s letter is titled “Disqualification of Prof. Joash Amupitan from Confirmation as Chairman of the Independent Nigerian Electoral Commission (INEC) on the ground of likelihood of bias, impartiality and conflict of interests (in violation of section 5 of the Code of Conduct Bureau Act, 1991 and section 19 of the Independent Corrupt Practices and related offences Act (2003) considering his previous engagement as lead Counsel for the All Progressives Congress (APC) during the 2023 Presidential Election petition at the Supreme Court.”
In the letter addressed to the Senate President through the Senate Committee on Electoral Matters, the group of lawyers warned that in the event that the Senate confirms Prof Joash Amupitan, the Association -ALDRAP, will have no option other than to institute a lawsuit to compel the Senate to comply with the requirements of impartiality in the confirmation of a chairman of INEC.
The letter, signed by the ALDRAP’s Administrative Secretary, Jesse Williams Amuga, stressed that the goal of the group is to promote professionalism in the enactment of the laws of the Federal Republic of Nigeria.
“By way of introduction, Association of Legislative Drafting and Advocacy Practitioners-ALDRAP is a professional Association of over 1,000 Lawyers who are both staff and consultants of the National Assembly and other legislatures within and outside Nigeria.”
Copy of the letter is reproduced hereunder:
10th October 2025.
President of the Senate,
National Assembly
THROUGH:
Senate Committee on Electoral Matters,
Senate of the Federal Republic of Nigeria,
National Assembly,
Abuja,
Federal Capital Territory (FCT).
ATTENTION: Distinguished Senator Rt. Hon. Simon Lalong, Chairman, Senate Committee on Electoral Matters.
Dear Senate Committee on Electoral Matters, Sirs and Madams,
DISQUALIFICATION OF PROF. JOASH AMUPITAN FROM CONFIRMATION AS CHAIRMAN OF THE INDEPENDENT NIGERIAN ELECTORAL COMMISSION (INEC) ON THE GROUNDS OF LIKELIHOOD OF BIAS, IMPARTIALITY AND CONFLICT OF INTERESTS (IN VIOLATION OF SECTION 5 OF THE CODE OF CONDUCT BUREAU AND TRIBUNAL ACT, 1991 AND SECTION 19 OF THE INDEPENDENT CORRUPT PRACTICES AND RELATED OFFENCES ACT, 2003) CONSIDERING HIS PREVIOUS ENGAGEMENT AS LEAD COUNSEL FOR THE ALL PROGRESSIVES CONGRESS (APC) DURING THE 2023 PRESIDENTIAL ELECTION PETITION AT THE SUPREME COURT.
By way of introduction, Association of Legislative Drafting and Advocacy Practitioners-ALDRAP is a professional Association of over 1,000 Lawyers who are both staff and consultants of the National Assembly and other legislatures within and outside Nigeria.
Our paramount goal is to promote professionalism in the enactment of the laws of the Federal Republic of Nigeria.
Our methods include public legal education programmes, and public interest litigation.
The ultimate objective is to ensure that both officials and institutions of government comply with the provisions of both the Constitution of the Federal Republic of Nigeria, 1999 and other legislation.
In September 2017 we received formal accreditation as a provider of continuing legal education programmes for the over 200,000 Nigerian lawyers, said accreditation was issued by the Nigerian Bar Association-NBA’s Institute of Continuing Legal Education.
We write to notify the Senate of the Federal Republic of Nigeria that any letter from the President of the Federal Republic of Nigeria seeking confirmation of Professor JOASH AMUPITAN as the Chairman of INEC, ought to be responded to with immediate effect stating that said Prof. JOASH AMUPITAN does not meet the qualifications in the first instance.
The letter of response to the said letter of nomination should be dispatched with immediate effect without taking the next step of referring the said letter to your respected Committee on Electoral Matters.
The reason is because Prof. JOASH AMUPITAN as a former Legal Counsel to the All Progressives Congress-APC at the 2023 Presidential Electoral Petition at the Supreme Court of Nigeria is automatically disqualified from holding the position of Chairman of INEC.
The reasons are as listed below:
1. Previous Precedent of Senate’s disqualification of INEC Nominees such as Lauretta Onochie in the year 2021 due to their affiliation to the All Progressives Congress-APC to be disqualified from confirmation by your respected Committee. This is reported online at: https://placng.org/Legist/finally-senate-rejects-onochie/
2. Professor Joash Amiputan’s confirmation would be a violation of Section 5 of the Code of Conduct Bureau and Tribunal Act, 1991, which states as follows: “A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.” Having previously served as a lead legal counsel to the APC, Prof. Joash Amiputan cannot perform the duties of Chairman of INEC which is a position that requires utmost impartiality as the chief electoral umpire, when called upon to arbitrate or oversee conduct of elections between the APC and other political parties, his sympathies would likely be towards the APC;
3. Confirm of Prof. Joash Amiputan would be evidence that he is using his previous position as lead Legal Counsel to the APC to benefit himself and confer advantage upon himself. This is a violation of Section 19 of the Independent Corrupt Practices and Related Offences Commission Act, 2003; and
4. There are over 200,000 lawyers in Nigeria, if the President and the National Council of State has made the decision that the next Chairman of INEC ought to be selected from the legal profession, then there are not less than 100,000 Nigerian lawyers who are not registered members of any political party or previous acted as legal counsel to any political parties in Nigeria. His Excellency President of the Federal Republic of Nigeria can select from this category of lawyers to avoid the appearance of bias.
TAKE NOTICE THAT IN THE EVENT THAT THE SENATE OF THE FEDERAL REPUBLIC OF NIGERIA GOES AGEAD TO UNDERTAKE CONFIRMATION OF THE SAID PROF. JOASH AMUPITAN, OUR ASSOCIATION-ALDRAP SHALL BE LEFT WITH NO OTHER OPTION THAN TO INSTITUTE A LAWSUIT TO COMPEL THE SENATE TO COMPLY WITH THE REQUIREMENTS OF IMPARTIALITY IN THE CONFIRMATION OF A CHAIRMAN OF INEC.
We thank you in advance for your anticipated cooperation.
Yours faithfully,
Jesse Williams Amuga,
Administrative Secretary, ALDRAP.
cc:
1. President of the Federal Republic of Nigeria;
2. Secretary to the Government of the Federation, Abuja, FCT;
3. Director-General, Department of State Security Services (DSS), Headquarters, Abuja, FCT;
4. Inspector-General of Police, Louis Edet House, Abuja, FCT;
5. Ambassador of the European Union to the Federal Republic of Nigeria, Abuja, FCT;
6. Ambassador of the United States of America (USA), Abuja, FCT; and
7. High Commissioner of the United Kingdom in Nigeria