INEC’s constitutional mandate is not all about elections, By Kayode Ajulo

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

Paragraph 15 explicitly empowers INEC to:

(a) organise, undertake and supervise all elections to the offices of the President and Vice-President, the Governor and Deputy Governor of a State, and to the membership 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;

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

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

These provisions make one thing clear: INEC is not all about elections. 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.

The Electoral Act 2022 reinforces and expands this role. Section 2 of the Act provides that, in addition to its constitutional functions, INEC shall have power to:

(a) conduct voter and civic education;
(b) promote knowledge of sound democratic election processes; and
(c) conduct any referendum required under the Constitution or an Act of the National Assembly.

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. INEC is also empowered to seek information or clarification from political parties regarding activities that may contravene the law.

These non-election functions are not peripheral; they form the infrastructure of a functioning democracy. A perpetually updated, clean voters’ register through Continuous Voter Registration (CVR) prevents disenfranchisement and ensures only eligible citizens (Nigerians aged 18 years and above) participate. Robust monitoring of political parties curbs godfatherism, imposition of candidates, and opaque financing that distort the quality of choices offered to voters. Voter and civic education combats apathy, misinformation, and low turnout by fostering an informed electorate.

Annual auditing of party accounts promotes transparency and accountability in the political space.

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. True independence demands that INEC assertively discharge these ongoing responsibilities with the same professionalism and urgency applied to general elections.

Regrettably, public perception and, sometimes, operational focus have tended to compress INEC’s identity into a four-year election umpire.

This narrow view has fuelled persistent challenges: inaccuracies in the voters’ register, weak enforcement of party finance rules, inadequate year-round civic education, and questions about impartiality. While innovations such as the Bimodal Voter Accreditation System (BVAS) and the IReV portal under the Electoral Act 2022 marked significant progress, sustaining public confidence 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 involving the registration and monitoring of political parties, the Court has upheld INEC’s powers as derived directly from the Constitution, emphasizing that guidelines made pursuant to its functions are valid exercises of delegated authority. Courts have also stressed the Commission’s duty to act impartially and in strict adherence to law and its own regulations.

For Nigeria’s national and civic development, INEC must rise fully to its name and constitutional promise. This requires:

1. Prioritizing continuous functions: Treating CVR, register maintenance, and claims/objections as routine institutional priorities rather than pre-election reactions. A credible voters’ register is the bedrock of electoral integrity.

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

3. Robust civic education: Partnering with civil society, schools, and the media for sustained voter education that deepens democratic literacy and boosts participation.

4. Demonstrating independence: Upholding neutrality in word and deed, safeguarding its financial and operational autonomy (as reinforced by the Electoral Act 2022’s provisions on direct funding), and resisting all forms of undue influence.

A democracy thrives when citizens trust 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 guardian of the entire electoral ecosystem rather than a mere poll conductor, the Commission can contribute meaningfully to national stability, accountable governance, and civic development.

“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, which affirms that sovereignty belongs to the people.

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

Only then can it earn enduring public confidence and help nurture a resilient, participatory democracy that delivers genuine development for the people.

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