Independent National Electoral Commission (INEC)

Nigeria

Nigeria

Name of EMB
Independent National Electoral Commission (INEC)
Source

Nigeria, Constitution 1999 (last amended in 2018), accessed 18 February 2023

153(1).There shall be established for the Federation the following bodies, namely: […]

f) Independent National Electoral Commission;

Federal Republic of Nigeria, Official Gazette, Electoral Act 2022, accessed 18 February 2023

1. (1) The Independent National Electoral Commission as established by section 153 of the Constitution (in this Act referred to as “the Commission”) —

(a) is a body corporate with perpetual succession; and

(b) may sue and be sued in its corporate name. [...]

Number of EMB members
13
Source

Nigeria, Constitution 1999 (last amended in 2018), accessed 18 February 2023

Third Scheduled. Part I. F. Provision 14.1:

14. (1) The Independent National Electoral Commission shall comprise the following members -

(a) a Chairman, who shall be the Chief Electoral Commissioner; and

(b) twelve other members to be known as National Electoral Commissioners, who shall be persons of unquestionably integrity and not less than fifty years and forty years of age, respectively.

Comment

As of 18 February 2023, there are 12 members of the INEC and the Chairman, which sum up to 13 members. 

Term of office
Unlimited
Source

Federal Republic of Nigeria, Official Gazette, Electoral Act 2022, accessed 18 February 2023

1. (1) The Independent National Electoral Commission as established by section 153 of the Constitution (in this Act referred to as “the Commission”) —

(a) is a body corporate with perpetual succession; and

(b) may sue and be sued in its corporate name.

Comment

The term limit is not specified, thus we assume it is unlimited. 

EMB members selected by
President, subject to confirmation by the Senate.
Source

Nigeria, Constitution 1999 (last amended in 2018), accessed 18 February 2023

B - Establishment of certain Federal Executive Bodies

Section 153(1). There shall be established for the Federation the following bodies, namely: […]

(f) Independent National Electoral Commission; […]

 (2) The composition and powers of each body established by subsection (1) of this section are as contained in Part 1 of the Third Schedule to this Constitution.

Section 154(1). Except in the case of ex officio members or where other provisions are made in this Constitution, the Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the President and the appointment shall be subject to confirmation by the Senate. […]

(3) In exercising his powers to appoint a person as Chairman or member of the Independent National Electoral Commission, National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult the Council of State.

Chair appointed/elected by
President, subject to confirmation by the Senate.
Source

Nigeria, Constitution 1999 (last amended in 2018), accessed 18 February 2023

B - Establishment of certain Federal Executive Bodies

Section 153(1). There shall be established for the Federation the following bodies, namely: […]

(f) Independent National Electoral Commission; […]

 (2) The composition and powers of each body established by subsection (1) of this section are as contained in Part 1 of the Third Schedule to this Constitution.

Section 154(1). Except in the case of ex officio members or where other provisions are made in this Constitution, the Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the President and the appointment shall be subject to confirmation by the Senate. […]

(3) In exercising his powers to appoint a person as Chairman or member of the Independent National Electoral Commission, National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult the Council of State.

Party or expert based membership
Expert
Source

Nigeria, Constitution 1999 (last amended in 2018), accessed 18 February 2023

Third Scheduled. Part I. F. Provision 14.1:

14. (1) The Independent National Electoral Commission shall comprise the following members -

(a) a Chairman, who shall be the Chief Electoral Commissioner; and

(b) twelve other members to be known as National Electoral Commissioners, who shall be persons of unquestionably integrity and not less than fifty years and forty years of age, respectively.

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