INEC’s constitutional mandate is not just about elections…

The Independent National Electoral Commission (INEC) is a cornerstone of Nigeria’s constitutional democracy. Established under Section 153(1)(f) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), INEC is among the critical federal executive bodies intended to operate with institutional independence to protect fundamental democratic processes from partisan capture. Its composition, powers and functions are detailed in Part I, Paragraph 15 of the Third Schedule of the Constitution.

Paragraph 15 explicitly authorizes INEC to:

(a) organize, undertake and supervise all elections for the offices of President and Vice-President, Governor and Deputy Governor of a State, and for members of the Senate, the House of Representatives and the House of Assembly of each State of the Federation;

(b) register political parties in accordance with the provisions of this Constitution and an Act of the National Assembly;

c) monitor the organization and functioning of political parties, including their finances;
(d) organize the annual examination and audit of the funds and accounts of political parties and publish a report on such examination and audit for the information of the public;

(e) organize and conduct the registration of persons qualified to vote and prepare, maintain and review the register of voters for the purposes of any election under this Constitution.

These provisions make one thing clear: INEC is not just about elections. Although conducting credible polls is its most visible and time-limited responsibility, the Constitution deliberately gives the Commission a broad, continuous and proactive mandate that extends throughout the electoral cycle and beyond.

The Electoral Law 2022 strengthens and expands this role. Section 2 of the law provides that, in addition to its constitutional functions, CENI has the power to:

(a) conduct electoral and civic education activities;
(b) promote knowledge of robust democratic electoral processes; AND
(c) conduct any referendum required by the Constitution or by law of the National Assembly.

Other statutory functions under the Act and the Constitution include monitoring party primaries to ensure internal democracy, regulating campaign finance, delineating constituencies (subject to legislative approval where required), and issuing guidelines and regulations for the effective discharge of its duties. INEC also has the power to seek information or clarification from political parties regarding activities that may breach the law.

These non-electoral functions are not peripheral; they constitute the infrastructure of a functioning democracy. A constantly updated and clean voter register through Continuous Voter Registration (CVR) prevents disenfranchisement and ensures participation only by eligible citizens (Nigerians aged 18 years and above). Careful monitoring of political parties curbs godfatherism, the imposition of candidates and opaque funding that distorts the quality of choices offered to voters. Civic and voter education combats apathy, misinformation and low voter turnout by fostering an informed electorate.

The annual audit of party accounts promotes transparency and accountability in the political space.

The name “Independent National Electoral Commission” should not be misinterpreted as limiting INEC to election day logistics. “Electoral” here denotes the entire ecosystem of representative democracy, from voter registration and party regulation to civic enlightenment and post-election management. True independence requires INEC to assertively fulfill these current responsibilities with the same professionalism and urgency applied to general elections.

Unfortunately, public perception and, at times, operational attention have tended to compress INEC’s identity into a quadrennial electoral arbiter.

This narrow view has fueled persistent challenges: inaccuracies in voter registers, weak enforcement of party funding rules, inadequate year-round civics education, and questions about impartiality. While innovations such as the Bimodal Voter Accreditation System (BVAS) and the IReV portal under the Election Law 2022 have marked significant progress, sustaining public trust requires consistent excellence across all mandated functions, not just on election days.

The Supreme Court of Nigeria has consistently affirmed INEC’s broad regulatory authority. In cases concerning the registration and control of political parties, the Court has confirmed the CENI’s powers deriving directly from the Constitution, underlining that the guidelines issued in application of its functions constitute valid exercises of delegated authority. The courts have also emphasized the Commission’s duty to act impartially and in strict compliance with the law and its own regulations.

For the national and civic development of Nigeria, INEC must fully live up to its name and constitutional promise. This requires:

1. Prioritize ongoing functions: Treat CVR, record keeping and claims/objections as routine institutional priorities rather than pre-election reactions. A credible electoral register is the foundation of electoral integrity.

2. Assertive party regulation: Vigorously monitor primaries, conventions and finances to strengthen internal democracy and reduce the influence of money and godfathers. The Electoral Act 2022 grants explicit powers here; they must be implemented transparently and consistently.

3. Strong civic education: Collaborate with civil society, schools and the media for sustained voter education that deepens democratic literacy and increases participation.

4. Demonstrate independence: uphold neutrality in word and deed, safeguard its financial and operational autonomy (as strengthened by the provisions of the 2022 electoral law on direct financing) and resist all forms of undue influence.

A democracy thrives when citizens believe that their votes matter and that the system is fair and transparent. INEC holds the constitutional keys to building and sustaining that trust. By embracing its full mandate, as a custodian of the entire electoral ecosystem rather than simply a pollster, the Commission can contribute significantly to national stability, responsible governance and civic development.

“Independent” requires courage and neutrality. “National” calls for service to all Nigerians without fear or favor. “Electoral” includes holistic democratic law. Living up to this name is not optional; it is a constitutional imperative that has its roots in Article 14, paragraph 2, letter a) of the Constitution, which states that sovereignty belongs to the people.

As Nigeria prepares for future electoral cycles, including the 2027 general elections, INEC must demonstrate continued commitment to the breadth of its mandate.

Only then can it earn lasting public trust and help cultivate a resilient and participatory democracy that delivers genuine development for people.

■ Dr Kayode Ajulo, OON, SAN, is the Commissioner for Justice and Attorney General of Ondo State.

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