Nigeria’s Independent National Electoral Commission (INEC) must be judged not only by how well it conducts elections, but by how faithfully it discharges a wider constitutional responsibility that runs year-round, a legal expert and Attorney-General of Ondo State, Kayode Ajulo SAN, has said.
He argued that INEC is constitutionally designed to protect Nigeria’s democracy from partisan capture—not to become a temporary “election service provider.”
He traced INEC’s foundation to Section 153(1)(f) of the 1999 Constitution (as amended), describing the commission as one of the critical federal bodies intended to operate with institutional independence. He said the Commission’s powers are spelt out in Part I, Paragraph 15 of the Third Schedule—and that those provisions directly refute the popular reduction of INEC to election-day logistics.
“These provisions make one thing clear: INEC is not all about elections.”
Ajulo said Paragraph 15 empowers INEC to do more than organise polls. He highlighted that INEC can register political parties, monitor parties (including finances), arrange annual auditing of party funds and publish reports, and prepare, maintain and revise the voters’ register—a duty that cannot be postponed to election season.
He stressed that elections are only the most visible aspect of an ongoing mandate.
“While conducting credible polls is its most visible and time-bound responsibility, the Constitution deliberately assigns the Commission a broad, continuous, and proactive mandate that extends throughout the electoral cycle and beyond.”
He further noted that the Electoral Act 2022 strengthens this broader role. Citing Section 2, Ajulo said INEC is empowered to conduct voter and civic education, promote knowledge of democratic election processes, and conduct any referendum required under the Constitution or by law.
“Other statutory functions under the Act and Constitution include monitoring party primaries to ensure internal democracy, regulating campaign finances, delimiting constituencies (subject to legislative approval where required), and issuing guidelines and regulations for effective discharge of its duties.”
Ajulo argued that these responsibilities are the real foundation of democratic legitimacy.
“These non-election functions are not peripheral; they form the infrastructure of a functioning democracy.”
For him, a clean, continuously updated voters’ register is not a technical exercise—it is protection against disenfranchisement. Likewise, party monitoring is not bureaucracy—it is a barrier against godfatherism, candidate imposition, and opaque money.
“Robust monitoring of political parties curbs godfatherism, imposition of candidates, and opaque financing that distort the quality of choices offered to voters.”
He also attacked the mindset that treats INEC as a four-year election umpire. In his view, that narrow perception helps explain why public confidence is often tested during electoral periods—and why concerns arise about impartiality and enforcement.
“The name ‘Independent National Electoral Commission’ should not be misconstrued as limiting INEC to polling-day logistics. ‘Electoral’ here denotes the entire ecosystem of representative democracy, from voter registration and party regulation to civic enlightenment and post-election stewardship.”
Ajulo said reforms such as BVAS and the IReV portal represent progress, but he warned that lasting trust can only come from sustained performance across the entire mandate.
“Sustaining public confidence requires consistent excellence across all mandated functions, not just on election days.”
He added that Nigeria’s Supreme Court has affirmed INEC’s broad regulatory powers, particularly in matters involving the registration and monitoring of political parties, and that courts have upheld INEC guidelines as legitimate exercises of delegated authority.
Looking ahead to future electoral cycles, including the 2027 general elections, Ajulo urged INEC to demonstrate independence through continuous duty, not episodic enforcement.
“Only then can it earn enduring public confidence and help nurture a resilient, participatory democracy that delivers genuine development for the people.”
In his concluding message, Ajulo framed INEC’s task as constitutional and moral—independence is not a label; it must be lived.
“Independent” demands courage and neutrality. “National” requires service to all Nigerians without fear or favour. “Electoral” encompasses the holistic democratic franchise. Living up to this name is not optional; it is a constitutional imperative rooted in Section 14(2)(a) of the Constitution.”
