Legal Association Urges Senate to Disqualify INEC Chair Nominee over Alleged Bias 

According to ALDRAP, confirming Professor Amupitan would violate Section 5 of the Code of Conduct Bureau and Tribunal Act, 1991, which prohibits public officers from placing themselves in positions where their personal interests conflict with official duties. The association also referenced Section 19 of the Independent Corrupt Practices and Related Offences Act, 2003, stating that Amupitan’s confirmation could be seen as using his former position for personal gain. 

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Professor Joash Amupitan served as legal representative to the APC governing party at the Supreme Court

ALDRAP Warns Senate Against Confirming Prof. Joash Amupitan, Citing Conflict of Interest and Threatens Legal Action 

A prominent legal advocacy group, the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), has formally petitioned the Senate of the Federal Republic of Nigeria to disqualify Professor Joash Amupitan from being confirmed as Chairman of the Independent National Electoral Commission (INEC), citing concerns over his impartiality and potential conflicts of interest. 

The letter, addressed to the Senate Committee on Electoral Matters and its Chairman, Distinguished Senator Rt. Hon. Simon Lalong, highlights Professor Amupitan’s prior role as lead counsel for the All Progressives Congress (APC) during the 2023 presidential election petition at the Supreme Court. ALDRAP argues that this previous political affiliation renders him unfit to oversee Nigeria’s electoral body. 

According to ALDRAP, confirming Professor Amupitan would violate Section 5 of the Code of Conduct Bureau and Tribunal Act, 1991, which prohibits public officers from placing themselves in positions where their personal interests conflict with official duties. The association also referenced Section 19 of the Independent Corrupt Practices and Related Offences Act, 2003, stating that Amupitan’s confirmation could be seen as using his former position for personal gain. 

“The Chairman of INEC must be absolutely impartial,” the letter reads. “Having previously served as lead legal counsel to the APC, Professor Amupitan cannot be expected to arbitrate electoral matters between the APC and other parties without the likelihood of bias.” The group further noted a Senate precedent from 2021, when Lauretta Onochie’s nomination was rejected due to her political affiliations. 

ALDRAP emphasized that out of over 200,000 lawyers in Nigeria, there are thousands who have not served as legal counsel to any political party, suggesting that President Bola Tinubu and the National Council of State should select a nominee from this pool to avoid the appearance of partiality. 

The association also issued a warning: “Should the Senate proceed with Professor Amupitan’s confirmation, ALDRAP will have no choice but to initiate legal proceedings to enforce the requirements of impartiality in the appointment of INEC’s Chairman.” 

The letter was signed by Jesse Williams Amuga, ALDRAP’s Administrative Secretary, and was copied to key government officials, diplomatic missions, and security agencies, including the President of Nigeria, the Secretary to the Government of the Federation, the Director-General of the Department of State Security Services, the Inspector-General of Police, and ambassadors of the European Union, United States, and United Kingdom. 

The Senate has yet to officially respond to ALDRAP’s petition, and it remains to be seen whether Professor Amupitan’s nomination will move forward in light of these allegations. 

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