By
 

Chinenye Chukwuma

 

The appointment of the chairman of Nigeria’s Independent National Electoral Commission (INEC) is not a unilateral decision by the president — it’s a constitutionally guided, multi-step process rooted in the nation’s legal framework.

 

The foundation for this process is laid out in Section 153 of the Nigerian Constitution, which lists INEC among 14 key federal commissions and councils established by law. Others include the National Judicial Council and the Council of State, both of which play important roles in high-level appointments.

 

Section 154(3) provides further detail on how the INEC chair is selected. It states:

 

“In exercising his powers to appoint a person as chairman or member of the Independent National Electoral Commission, National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult the Council of State.”

 

This consultation is a legal requirement and the first formal step in the appointment process. But it doesn’t end there.

 

After receiving input from the Council of State, the president’s nominee is forwarded to the Senate for screening and confirmation. The screening phase can be intense, especially when political dynamics in the Senate are tight — such as when the ruling party and opposition hold nearly equal strength. In such cases, a nominee’s neutrality and credibility become crucial.

 

A notable example is former INEC chairman Attahiru Jega, whose appointment followed rigorous Senate scrutiny due to concerns about impartiality and political affiliations.

 

Who is on the Council of State?

 

The Council of State is an advisory body to the executive branch. It includes:

• The President (Chairman)

• The Vice President (Vice Chairman)

• All former Presidents and Heads of State

• The President of the Senate

• The Speaker of the House of Representatives

• The Minister of Justice and Attorney General of the Federation

• All State Governors

 

This high-level composition ensures that the council brings together diverse political and institutional perspectives when advising on sensitive national matters — including appointments like that of the INEC chair.

 

In summary, while the President nominates the INEC chairman, it is only after consulting the Council of State and receiving Senate confirmation that the appointment becomes official.