INEC Lacks Power to Conduct Local Government Elections: A Constitutional Matter

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The Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, has clarified the constitutional limitations of INEC regarding the conduct of local government elections. This revelation was made during a two-day induction retreat for INEC Resident Electoral Commissioners (RECs) in Lagos, highlighting the need for constitutional amendments to expand INEC's mandate.

Professor Yakubu emphasized that INEC's authority is confined to organizing national and state elections, except for local government elections in the Federal Capital Territory (FCT). He explained, "The same section of the Constitution that establishes INEC also establishes the State Independent Electoral Commission (SIEC), and we cannot take over their duties." Consequently, any change in this arrangement would require a constitutional amendment.

Currently, INEC is responsible for conducting local government elections in the FCT, where it oversees elections for six area council chairmen and 62 councillors. According to Yakubu, "The conduct of council elections has been regular, and we are proud of what we have done to the best of our capacity."

There is growing advocacy among Nigerians for INEC to take over the conduct of local government elections nationwide. Proponents argue that transferring this responsibility to INEC would enhance the independence and transparency of local elections, which are often marred by irregularities under the control of SIECs. The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), has called for the dissolution of SIECs, suggesting that their functions be transferred to INEC.


Supporters of this change believe that state governors often hijack local councils’ allocations, and irregularities in the conduct of local government polls undermine democratic processes. By empowering INEC to manage these elections, advocates argue that local governance would be more transparent and accountable.


The induction retreat in Lagos was organized to prepare both new and existing RECs for upcoming governorship elections in Edo and Ondo states, scheduled for September and November, respectively. Professor Yakubu highlighted the importance of this retreat in enhancing the operational capabilities of INEC.

Yakubu outlined several key areas of focus for the RECs:

- Pre-Election and Post-Election Litigation: Addressing recurring challenges related to legal disputes.

- Operational Issues: Improving logistics and voter education processes.

- Strategic Communication: Combating fake news, misinformation, and disinformation.

- Inclusivity: Ensuring broader participation in the electoral process.

- Technology: Integrating technology in pre-election activities and Election Day processes.

- Political Party Issues: Managing leadership crises and party primaries.

- Security: Enhancing election security and adherence to the commission’s code of conduct.

INEC is committed to implementing reforms and innovations to ensure credible elections. Yakubu mentioned that the commission plans to intensify engagement with the National Assembly to advocate for legal reforms necessary for enhancing the electoral process.

In addition to the Edo and Ondo governorship elections, INEC is preparing for:

- Anambra State Governorship Election: Scheduled for next year.

- Ekiti and Osun State Governorship Elections: Scheduled for 2026.

- FCT Area Council Elections: The tenure of the current council chairmen ends in 2026.


INEC is also managing five pending bye-elections across various states, highlighting the commission’s ongoing efforts to ensure electoral integrity across Nigeria.

The call for INEC to take over local government elections from SIECs is a significant constitutional matter that requires broad advocacy and legislative action. While INEC continues to enhance its capabilities and prepare for upcoming elections, the potential expansion of its mandate to include local government elections remains contingent on necessary constitutional amendments. As Nigeria progresses in its democratic journey, these discussions and reforms are crucial for ensuring transparent and accountable governance at all levels.


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