What Is INEC’s Role?

In every democracy, an Election Management Board (EMB) acts as the neutral arbiter that determines the outcome of an election. In Nigeria, that board is the Independent National Electoral Commission (INEC). The commission has undergone several name changes over the years, having been known as the Federal Electoral Commission (FEDECO), the National Electoral Commission (NEC) during the historic June 12, 1993 presidential election, and the National Electoral Commission of Nigeria (NECON) before its abrogation. The current commission was established in 1998 with the explicit aim of operating independently.

Despite the “Independent” designation, INEC has faced instability, with various interest groups influencing its operations. The commission’s mandate is defined by law, but the extent of its regulatory powers remains ambiguous. From its inception, INEC has been wary of allowing every association to automatically become a political party, a move that could complicate the electoral process. Initially, the commission registered about five political associations and was prepared to add only a few more.

The situation changed dramatically when the judiciary, following the late human‑rights activist and lawyer Chief Gani Fawehinmi (SAN), ruled that 12 of the 13 guidelines for registering political parties were unconstitutional. Consequently, the number of registered parties surged to around 30. This rapid increase raised practical concerns: how would a ballot paper accommodate so many parties, and what contingency plans could be made if new associations were added just before an election?

Another issue is the presence of inactive parties that register but never contest any election. In 2020, INEC deregistered 74 such parties, a decision initially challenged by a federal high court in Abuja. The court later upheld INEC’s authority to deregister redundant parties, providing the commission with some relief.

It is important to recognize that INEC does not have the power to control political parties. In Nigeria, political parties dominate the electoral landscape; independent candidates cannot contest unless they are sponsored by a party. The Supreme Court has consistently ruled that judges should stay out of internal party matters, leaving parties to resolve their own disputes. Consequently, INEC’s involvement in party affairs is limited and often viewed as overreach.

For example, the law requires parties to give INEC a 21‑day notice before holding major internal events. While the directive is clear, its practical purpose is questionable. INEC is rarely required to monitor these events, rendering the notice largely symbolic. Parties, especially in the opposition, see such assignments as a means to exert control rather than to ensure fairness.

Historically, INEC’s role has been more expansive. Between 1987 and 1993, the commission that oversaw the June 12 election had powers beyond those of a typical electoral board. It acted as both an umpire and a facilitator of the transition program, registering parties, disqualifying candidates, and operating under decrees that could be amended swiftly. A law even barred the judiciary from interfering with its operations.

Today’s INEC lacks such enabling legislation. In a democratic context, any law that exceeds the commission’s mandate can be deemed ultra vires. The proper role of an electoral umpire is to oversee the contest between teams, not to dictate how teams select their players. INEC can issue guidelines to ensure smooth elections, but it must not violate those guidelines or be compelled by the courts to disregard them. The 2023 judicial ruling, which stated that INEC was not obliged to follow its own guidelines, exemplifies the dangers of such conflicts.

Partisanship within INEC also undermines its effectiveness. Since 1999, ruling parties have attempted to appoint members who align with their interests. However, the constitution requires electoral officials to be persons of proven integrity who have not been involved in partisan politics. INEC must remain neutral and impartial, focusing solely on its mandate to conduct free, fair, and credible elections.

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