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Private vehicle does not require roadworthiness certificate – Court of Appeal

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IN THE COURT OF APPEAL

IN ASABA JUDICIAL DIVISION

ON FRIDAY 12TH MARCH 2021

BEFORE THEIR LORDSHIPS

MOHAMMED A. DANJUMA, JCA

JOSEPH EYO EKANEM, JCA

ABIMBOLA O. OBASEKI-ADEJUMO, JCA

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BETWEEN

THE GOVERNOR OF DELTA STATE OF NIGERIA & 2 Ors

And

OLUKUNLE OGHENEOVO EDUN, ESQ

(Lead Judgment delivered by Honourable Justice Joseph Eyo Ekanem, JCA)

 

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Facts of the case:
The Respondent, a Legal Practitioner based in Warri, while driving his vehicle along Afisere Road, Ughelli, Delta State, was intercepted by Officers of the 3rd Appellant, through a road block; and was asked to produce his Certificate of Road Worthiness.

The Respondent maintained that he had none and that, as a private car owner, whose vehicle was not used for mercantile or commercial purpose, he was not required to apply for roadworthiness.

This led to serious traffic which prompted the 2nd Appellant to release the Respondent. Upon inspection of his documents, the Respondent discovered that he was actually issued a Certificate of Road Worthiness by Officers of the Appellant.

He therefore initiated an action by way of Originating Summons at the High Court of Delta State, seeking the interpretation of whether a Certificate of Road Worthiness was needed for private owned vehicles.

The trial court found in favour of the Respondent.

The Appellant, aggrieved, lodged an appeal to the Court of Appeal.

Issues for determination:
1.Whether the suit of the Respondent filed against the Appellants on 21 November 2014 is not statute-barred, in view of the provisions of Section 2(a) of the Public Officers Protection Law, Cap. P.23, Vol. IV, Laws of Delta State of Nigeria, 2006.

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2.Whether the 3rd Appellant “Senior Vehicle Inspection Officer (Ughelli North Local Government Area of Delta State), is a juristic person that can be sued.

3.Whether by virtue of the provisions of all relevant laws relating to Road Traffic, the Certificate of Road Worthiness has no application to private motor vehicles.

Counsel’s Argument
On issue 1 Appellants’ counsel submitted that the suit of the Appellant is statute-barred.

He referred to Section 2(a) of the Public Officers Protection Laws of the Delta State and submitted that the Appellants are Public officers within the intendment of the provision.

He contended that the cause of action arose on 5 August 2014, while the suit was filed on 21 November 2014, which is over the 3 month period prescribed by the Public Officers Protection Law.

He placed reliance on Ibrahim v. Judicial Service Commission, Kaduna State (1998) 64 LRCN 5044, among other cases.

Respondent submitted that the Public Officers Protection Law is not an all-embracing bar against actions brought against public officers, but admits exceptions, which he set out in his Brief of Argument.

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He further submitted that the act of the Appellants was ultra vires, and had no semblance or colour of authority, and so cannot be protected under the law.

He referred to Egbe v. Alhaji (1990) 21 NSCC (pt. 1) 306, among other cases.

The Respondent argued further that the illegal retention of the fee for the Road Worthiness Certificate means that there is a continuous wrong or injury to the Respondent.

This, he said, takes the case outside the application of the law.

Judgment of the court and the reason

Their Lordships held that the purpose of the Public Officers Protection Law, is to protect public officers from civil liability for any wrongdoing that occasions damages to any citizen if the action is not instituted within 3 months after the act, default or neglect complained of.

The law is designed to protect only the officer who acts in good faith and does not apply to acts done in abuse of office and without semblance of legal justification.

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Their lordships held that there is however one well-established exception to the applicability of the Public Officers Protection Law, namely that it does not apply to acts of a public officer which are outside the scope of the authority or which is in abuse of his office or without semblance of legal justification.

Their Lordships relied on Nwankere v. Adewunmi(1966) 1 All NLR 129.

On whether the 3rd Appellant “Senior Vehicle Inspection Officer (Ughelli North Local Government Area of Delta State), is a juristic person that can be sued.

Their Lordships held that the 3rd Appellant, “Senior Vehicle Inspection Officer (Ughelli North Local Government Area of Delta State)”, is not a natural person.

Their Lordships held that there is no express provision of the Road Traffic Law of Delta State or any other law which confers on him the right to sue or be sued eo nominee.

The Senior Vehicle Inspection Officer is only an administrative head of his zone and not the overall body, to wit: the Vehicle Inspection Unit.

The right to sue or be sued does not arise from the mere fact that a statute recognizes the existence of a body or office for the performance of a function.

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The right must be donated by statute expressly or impliedly.

Their Lordships placed reliance on Erokoro v. Government of Cross River State (1991) 4 NWLR (pt. 185) 322.

His Lordship Joseph Eyo Ekanem, JCA held that, ‘‘The position of a Senior Vehicle Inspection Officer is akin to the position of a Divisional Police Officer who is the administrative head of a Police Division.

In the case of African Ivory Insurance v. Commissioner for Insurance (1998) 1 NWLR (pt. 532) 50, at 57, it was held that while the Commissioner of Police could be sued eo nomine as it is known to the Constitution, the Division Police Officer being an office set up merely for administrative convenience, cannot be sued.

It is, therefore, my opinion that the 3rd Appellant is not a person that can sue or be sued eo nomine’’.

Whether by virtue of the provisions of all relevant laws relating to Road Traffic, the Certificate of Road Worthiness has no application to private motor vehicles.

The Appellants’ counsel argued that Certificate of Road Worthiness has application to private vehicles.

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He referred to the learned trial Judge’s interpretation of Section 48(1), (4) and (5) of the Law and submitted that it cannot be the correct intendment of the lawmakers.

This he said is because the law defines “Motor Vehicle” to mean mechanically propelled vehicle intended or adapted for use on roads. He also referred to Section 3(2) of the Road Traffic Law.

He contended that if the intention of the lawmakers was that private vehicles be exempted from carrying the Certificate of Road Worthiness, it would have been expressly so stated.

He stated that this is on account of the fact that Section 48(1) and (2) of the Law, which empowers persons authorized to impound vehicles plying the road without certain particulars includes Road Worthiness Certificate as one of the particulars meant to be carried by vehicles plying the road.

The Respondent submitted that a perusal of the Law and its Regulations shows that there is no provision therein that empowers the Appellants to issue Certificate of Road Worthiness in respect of vehicles used for non-commercial purposes.

Rather, the only section that authorizes the Appellants to examine vehicles is Regulation 58 of the Regulations, which relates only to examination of commercial vehicles and the issuance of certificate therefor after such examination.

He referred to Section 2 of the Law (the interpretation Section) and submitted that his vehicle does not fall within the definition of a commercial vehicle.

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He also referred to Regulation 2 of the Regulation and Section 43 of the Law, which empowers the State Execution Council to make regulations on various matters relating to road traffic and Regulation 5 of the Regulation made pursuant thereto, which he said relates to the examination of commercial vehicles only.

He argued that there is no similar provision in respect of vehicles used for private purposes.

Their Lordships held that Paragraphs (2), (3), (4) and (5) of Regulation 5 of the Road Traffic Regulations (RTR) made detailed and comprehensive provisions for the factors or matters that must be present for the registration of categories of vehicles as follows:

(1)Paragraph (2) is for registration of commercial and passenger carrying vehicles, to wit: categories (iv), (v), (vi), (vii) and (viii) of the paragraph (1).

(2)Paragraph 3 is for registration of trailers (that is to say category (iii) of paragraph (1).

(3)Paragraph 4 is for registration of agricultural machine, that is to say category (ix) of paragraph (1).

(4)Paragraph 5 is for registration of tractor, that is to say category (x) of paragraph 1..

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The requirements include the production of a Certificate of Road Worthiness issued under Regulation 58 at the time of the application for registration.

Regulation 58(1) and (2) of the RTR states:

(1) Every commercial vehicle, trailer, taxi, stage carriage, omnibus, shall before being registered or licensed and every 6 month thereafter, be examined by a Vehicle Inspection Officer.

(2) Examination Certificate – where at such examination a vehicle is found to be roadworthy, the Vehicle Inspection Officer shall issue a certificate to that effect as in Form M. L. 9 in the Sixth Schedule, which shall remain valid for 6 months. Such certificate shall be carried in the registration book and produced when required by Licensing Authority, a Vehicle Inspector or a Police Officer.”

Their Lordships held that this requirement applies only to vehicles that come under paragraphs (2) and (3) only, that is, commercial and passenger carrying vehicles and trailers.

Their Lordships held that it is, therefore, clear from the above that the provisions of Regulation 5 is loudly silent in respect of private motor vehicles.

I agree with the learned trial Judge. The provisions for particulars of motor vehicles are to be found in the RTR which as I have already demonstrated do not require a private motor vehicle to have a Certificate of Road Worthiness.

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It follows therefore that the words “any of the particulars…” refer to the particulars as are required in respect of each category of motor vehicle as set out in Regulation 58 of RTR.

Their Lordships held that from the foregoing it can be drawn that a private motor vehicle is a motor vehicle belonging to a particular person, or which is for the use of a particular person or group, and for the carrying of their personal effects and not for public use or for hire or reward.

His Lordship Joseph Eyo Ekanem, JCA held that

‘‘Before drawing the curtain on this judgment, I need to remind public bodies and public officers that a public body or public officer vested with statutory power must take care not to exceed or abuse its or his power.

“It or he must keep within the limits of the authority committed to it. This is to prevent arbitrariness and the rule of man rather than the rule of law. See Wilson v. Attorney-General of Bendel State (1985) 1 NWLR (pt. 4) 572, at 591.

“The Vehicle Inspection Officers went beyond the powers vested in them by the law and the Road Traffic Regulations, by violently stopping the private motor vehicle of the Respondent on a public highway, using menacing tactics and dangerous implements to demand for Certificate of Road Worthiness which the said vehicle is not required to have.

“Such conduct sends a wrong signal to the citizens who may adopt such strong-arm tactics as a means of settling disputes’’.

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The Appeal was dismissed.

Representation
O. Monye, Esq. (Director, Civil Litigation, Ministry of Justice, Delta State, (with him, G. I. Ugbechie, Esq – Senior State Counsel) – for the Appellants.

Respondent in person.

Reported in (2021) Modern Weekly Law Report (MWLR) pt 11 P. 331-385 – Modern Weekly Law Report (MWLR) is a publication of Doyen Law Publishers Limited)

 

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Coup Plot: Presidency Breaks Silence, Fresh Details Emerge

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Coup Plot: Presidency Breaks Silence, Fresh Details Emerge

The Special Adviser on Media and Public Communication to President Bola Tinubu, Sunday Dare, says the Presidency will stand by the Nigerian Military’s position that there was never a coup attempt in Nigeria.

According to Naija News, on October 18, the Defence Headquarters (DHQ) had released a statement describing as false and misleading the reports online that alleged that activities to mark the 65th independence anniversary of Nigeria were cancelled over an attempted coup plot.

The rumours of a coup intensified further after President Tinubu sacked the Service Chiefs.

In an interview with TVC on Tuesday, Dare said the Presidency will stick to the narrative of the Nigerian Military that there was no coup attempt in Nigeria.

According to him, the presidency will only change its position when the military says otherwise, because the military is constitutionally empowered to secure the country.

He said, “We are going to stick to the narrative of the military because they are the ones constitutionally empowered to secure this country. They are given the power, arms and ammunition as the intelligence power.

“So when the military says these are the reasons why we have this development, we are going to stay with that narrative because that is the brief that is out there. Until the military comes with a different narrative, we are going to stay with that narrative. On some military being retained, there is a need to have institutional memory and maintain a balance and this decision was not taken on a flip for the person that was retained.”

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Coup Plot: Fresh Moves As Military Arrests MD, Investigates Funds To Finance Coup

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Coup Plot: Fresh Moves As Military Arrests MD, Investigates Funds To Finance Coup

In a significant turn of events, the military has taken decisive action by arresting a managing director linked to a burgeoning coup plot.

This strategic move comes amid an extensive investigation into the financial resources allegedly earmarked to support the coup attempt against President Bola Tinubu.

As the situation unfolds, there are growing concerns regarding the potential involvement of various stakeholders in this conspiracy.

Military investigators probing an alleged plot to overthrow President Bola Tinubu are reportedly grilling a Managing Director of a Federal Government agency in the South South region, according to The PUNCH.

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BREAKING: Fresh Twist As Ex-Governor Sylva Breaks Silence On Alleged Role In Coup Plot, What He Says

Two intelligence officers confirmed that the MD was arrested for allegedly transferring a huge sum of money to a former Minister of State for Petroleum Resources, Timipre Sylva, who was fingered as one of the financiers of the alleged plot to forcefully change the government.

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According to reports, investigators believe the funds were meant to finance the coup.

“The MD (name withheld) transferred a huge sum of money to Sylva. Investigators are working on the theory that the fund transfer was connected to the coup. He is presently answering questions about what the money was meant for.”

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Former Bayelsa governor Sylva’s Abuja house was reportedly raided by investigators on Saturday, with military operatives arresting his younger brother, Paga, who is his Special Assistant on Domestic Affairs and went away with his driver.

The former minister and All Progressives Congress chieftain was outside the country during the operation.

Sources with knowledge of the operation explained that he was planning to return to the country when he heard that the coup leaders had been arrested. He thus shelved his plan to return home.

“Sylva’s Abuja home was raided on Saturday, but he wasn’t around. His younger brother, Paga, who is the SA, Domestic, and the driver, were arrested. Investigators believe Sylva allegedly funded the coup plot. Sylva was abroad and was preparing to leave for Nigeria when he got wind of the arrest of the coup leaders. So, he stayed back.”

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The Director, Defence Media Operations, Maj-Gen Markus Kangye, and the Director of Defence Information, Brig-Gen Tukur Gusau, could not be reached for comments on Tuesday as they didn’t pick up calls from our reporter.

Gusau had, in a statement on October 4, said that 16 officers were detained for breaches of military regulations and acts of indiscipline.

“The Armed Forces of Nigeria wishes to inform the public that a routine military exercise has resulted in the arrest of sixteen officers over issues of indiscipline and breach of service regulations.

“Investigations have revealed that their grievances stemmed largely from perceived career stagnation caused by repeated failure in promotion examinations,” the statement partly read.

However, online platform SaharaReporters claimed that the detained officers — ranging from the rank of Captain to Brigadier General —were being held by the Defence Intelligence Agency for allegedly plotting to overthrow the government.

It also alleged that the officers were arrested at their homes across the country.

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Coup Plot: Tension In Abuja As Army Raids Residence Of Ex-Minister, What They Found

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Tension is palpable across the communities of Abuja following a foiled coup attempt, prompting authorities to intensify their efforts against those suspected of involvement in the plot.

In a significant development, members of the Nigerian Army executed a search operation at the Abuja residence of Timipre Sylva, a former governor of Bayelsa State and ex-Minister of State for Petroleum Resources.

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This raid is part of a broader investigation spearheaded by the Defence Intelligence Agency (DIA) into the alleged conspiracy.

According to reports from SaharaReporters, this operation underscores the serious nature of the allegations flying around and the government’s commitment to unraveling the details behind this troubling incident. The atmosphere of uncertainty and concern in the capital seems to be growing as investigations unfold.

Multiple security sources confirmed to SaharaReporters on Tuesday that the army raid occurred at Sylva’s home in the Maitama area of Abuja.

According to insiders, a “special military team” carried out the operation after intelligence linked the “former South-South governor” to secret meetings allegedly held with some of the detained military officers.

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“Nigerian Army special team ransacked the home of Timipre Sylva, who is believed to have fled Nigeria,” one top source familiar with the development told SaharaReporters.

“He is the South-South former governor frequently mentioned in the case. His brother, named Paga, was picked up during the raid. The operation also extended to his Bayelsa residence.”

Another security insider said that while no official statement had been issued regarding the raid, the action was “not random” but “a direct response to intelligence linking certain political figures to the alleged plotters.”

This development comes amid growing tension within the armed forces following SaharaReporters’ exclusive report that at least 16 senior military officers had been detained incommunicado by the DIA over an alleged coup plot.

The detained officers, drawn from the Army, Navy, and Air Force, have been held for over three weeks in an undisclosed Abuja facility under what sources described as “unusual and suspicious conditions.”

Family members told SaharaReporters they initially believed their relatives had been kidnapped, as there was no official communication from the military regarding their arrests.

“It’s been 18 days since those 16 officers were detained in an undisclosed location. At first, we thought our brother was kidnapped before finding out what transpired from his friend who works in the NSA office,” a family member had said.

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Security analysts have questioned why the DIA, an intelligence agency under the Ministry of Defence, is spearheading the investigation instead of allowing each military service to handle its personnel internally, a move seen as “highly political.”

“If the military were truly conducting a disciplinary operation, over 10,000 cases could emerge. Why only 16 officers, and why hand them to the DIA?” one retired officer asked. “This smells of politics. There’s clearly more going on behind the scenes.”

Speculations are now rife that the alleged plot and subsequent arrests may have deeper political undertones, potentially involving some former office holders with ties to late ex-President Muhammadu Buhari’s administration.

Sylva, a former governor of Bayelsa State and a close ally of late Buhari, served as Minister of State for Petroleum Resources between 2019 and 2023.

He was also the All Progressives Congress (APC) governorship candidate in the November 2023 Bayelsa election, which he lost to incumbent Governor Douye Diri of the People’s Democratic Party (PDP).

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15 Occupants Trapped As Two-Storey Building Collapses In Lagos

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15 Occupants Trapped As Two-Storey Building Collapses In Lagos

The Lagos State Fire and Rescue Service revealed that 15 people, comprising seven female adults, seven male adults, and four children, had been rescued with varying degrees of injury.

A two-storey building has collapsed in the Oyingbo area of Lagos, leaving an undisclosed number of people feared trapped.

The Director of the Lagos State Fire and Rescue Service, Margaret Adeseye, in a situation report, said that the agency received a distress call in the wee small hours of Monday.

Adeseye explained that the building located on 54, Cole Street, Cemetery Bus Stop, had been marked ‘Distressed’ before it collapsed on the occupants.

She revealed that 15 people, comprising seven female adults, seven male adults, and four children, had been rescued with varying degrees of injury.

They were taken to the Federal Medical Center, Ebute Meta, and General Hospital, Odan, Lagos Island.

She, however, said a rescue operation by the Sari Iganmu Fire Station of the LSFRS was ongoing.

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“It is an ongoing rescue involving an existing two-storey building which has reportedly [been] marked distress before collapsing on the occupants.

“Fifteen adults (seven male adults, four female adults, and four children) have been rescued with varying degrees of injury and taken to Federal Medical Center, Ebute Meta, and General Hospital, Odan, Lagos Island,” the statement partly read.

Building collapses in Nigeria are a lingering concern, especially in the rainy season.

The incident happened weeks after six people were rescued in September after a two-storey building collapsed on Modupeola Street, Mangoro, Alimosho, Lagos.

Scene of the collapse of a three-storey building at Alagomeji, in the Yaba area of Lagos State.

On September 13, one person was confirmed dead when a three-storey building in Alagomeji area of the state collapse.

 

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Protest: Police Issues Fresh Warning To Sowore, Deploys Officers To Two Key Locations

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Protest: Police Issues Fresh Warning To Sowore, Deploys Officers To Two Key Locations

Police commissioner Olohundare Jimoh has warned activist and politician Omoyele Sowore and others against protesting over demolitions in Lagos.

Jimoh gave the warning while addressing journalists in the Iyana-Oworo axis of the Third Mainland Bridge on Monday.

He said the Lagos police command had made massive deployments across the city to forestall any planned demonstrations that could lead to public disorder. He also mentioned that the command would not tolerate any attempt to block major highways or disrupt the peace currently being enjoyed in Lagos.

“We want to warn Sowore and his group to stay away from Lagos or face the full weight of the law. The Third Mainland Bridge is too vital to the Nigerian economy and the safety of lives and property for anyone to think of blocking it. Every day, thousands of people depend on that route for their livelihood and medical emergencies, ” Mr Jimoh said.

Jimoh said cops had been stationed at strategic points, including the Third Mainland Bridge, Maryland, Ojota, Gani Fawehinmi Park, Gbagada, Bariga, Lekki Toll Gate, and other areas to ensure peace and order.

“Anyone who wishes to organise a peaceful protest must follow laid-down procedures. What we have seen in recent times is not protest but attempts to disrupt public peace. Anyone who engages in such will be dealt with according to the law,” he said.

Following the recent demolition in Oworonshoki, Mr Jimoh defended the government’s action, describing the affected areas as illegal structures and criminal hideouts.

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“Those areas were being used by criminals to launch attacks on innocent Nigerians. The government is justified in clearing them. Genuine residents have been compensated, and this was documented and covered by the media two days ago,” he said.

He accused some individuals of attempting to exploit the situation for political or criminal purposes, warning that the police would not allow anyone to use the guise of protest to cause mayhem.

“Anyone hiding under activism to cause chaos is complicit in a conspiracy to commit a crime; we will not permit that, ” he said.

The commissioner assured law-abiding residents of adequate protection, urging them to go about their daily activities without fear.

“Every Nigerian is entitled to protection, safety, and freedom of movement. We will continue to ensure that Lagos remains peaceful, but criminality under the cover of protest will not be tolerated,” Mr Jimoh said.

(NAN)

 

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(FULL LIST): 4 Things Tinubu Told INEC Chairman To Do Ahead 2027 Election

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President Bola Tinubu on Thursday charged the new Chairman of the Independent National Electoral Commission, Professor Joash Amupitan, to prioritise transparency and non-violence as Nigeria prepares for the 2027 general elections, saying credible polls remained the foundation of public trust and democratic stability.

Speaking at the State House in Abuja shortly after administering the oath of office on the new INEC boss, Tinubu said Amupitan’s appointment, confirmed by the Senate a week ago, was a mark of confidence in his competence and character by both the executive and legislative arms of government.

“I, therefore, urge you, Professor Amupitan, as you take on this assignment, to protect the integrity of our elections and the electoral process and the institutional capacity of INEC, and I wish you success on your first assignment in November 2025, which is the governorship election of Anambra state,” Tinubu said.

“As the Chairman of the Independent National Electoral Commission, your nomination and confirmation are a testament to your capacity and the confidence reposed in you,” Tinubu said, adding, “This marks the beginning of a challenging yet rewarding journey, and I trust that you will approach your responsibilities with the highest level of integrity, dedication, and patriotism.”

The President emphasised that Nigeria’s democracy, which has lasted since 1999, had evolved through reforms, innovation, and lessons learned from past challenges.

“Our democracy has come a long way. We have consolidated and strengthened our democratic institutions, particularly our electoral system. To ensure that our democracy continues to flourish, the integrity of our electoral system must be beyond reproach,” Tinubu noted.

President Tinubu added that while no electoral system was flawless, credibility and transparency at every stage, be it registration, campaigning, voting, and results collation, remained critical to sustaining public trust.

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He said, “To maintain public trust in elections, electoral integrity must be protected, all aspects of the process from registration to campaigning, the media access, voting and counting should be transparent, non-violent and credible.

“Elections safeguard the people’s exclusive right to choose their leaders and shape their future.

“We must consistently improve our electoral process, addressing the challenges of yesterday and innovating for today and tomorrow.”

Tinubu urged Amupitan to prioritise transparency, inclusivity, and non-violence in future polls.

Shortly after the ceremony, Amupitan told State House correspondents that he would uphold the Constitution and engage all stakeholders in the pursuit of credible elections.

“I’ve just taken the oath of allegiance and the oath as Chairman of the Independent National Electoral Commission. I reaffirm my commitment to defend the Constitution and the laws of the Federal Republic of Nigeria as they relate to the electoral system. Like the President said, I have been given a clear charge to ensure credible, fair, and free elections, and that I will ensure,” he said.

The new INEC boss said his leadership would prioritise collaboration with political parties, civil society organisations, and security agencies.

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“No matter how well you design the system, success requires the cooperation of all stakeholders,” he said.

Amupitan succeeds Prof. Mahmood Yakubu, who is the longest-serving INEC chairman yet, having overseen the commission since 2015.

He took the oath of office at 1:50 pm at the Council Chamber of the Presidential Villa, Abuja.

Amupitan, a Senior Advocate of Nigeria and Professor of Law at the University of Jos, was confirmed by the Senate on October 16, 2025, following his endorsement by the National Council of State.

The National Council of State had approved his nomination on October 9, two days after Yakubu’s exit.

Since the 1993 cycle, Nigeria’s election umpires have come from a handful of zones. The South-East produced Prof. Humphrey Nwosu from Anambra, who supervised the famed June 12, 1993 polls, and later Prof. Maurice Iwu (Imo), who oversaw the 2007 polls.

The South-South produced multiple chairpersons during the transition years. These include Okon Uya from Cross River, who served briefly after June 12, Sumner Dagogo-Jack from Rivers, who served as NECON chairman under Abacha, Justice Ephraim Akpata from Edo State, who oversaw the 1999 transition and Dr. Abel Guobadia (Edo) in 2003.

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From 2010, the tide tilted to the North with the appointment of Prof. Attahiru Jega from Kano State (North-West), who oversaw the 2011 and 2015 elections and is widely credited with restoring confidence after the 2007 cycle.

He was succeeded by Prof. Mahmood Yakubu from Bauchi (North-East), who conducted the 2019 and 2023 polls, and expanded the use of biometrics and other forms of tech.

Amupitan is the first INEC chief from Kogi, North-Central.

Upon assuming duties at the commission’s headquarters in Abuja, Amupitan vowed to restore credibility and public confidence in the country’s electoral system, declaring his appointment as a “divine” call to serve the nation.

Speaking during his first official meeting with the commission’s directors, he stressed that fulfilling the commission’s mandate would depend on teamwork, discipline, and integrity within the organisation.

The INEC chairman stated that his mission was to conduct free, fair, and credible elections while strengthening democratic values across the country.

“Our mandate is clear, and what is it? To deliver free, fair, and credible elections that reflect the will of the Nigerian people. To achieve this, we must work together as a team,” he stated.

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Addressing INEC staff and directors, the university don pledged to uphold the highest standards of transparency and accountability.

“As we mark the beginning of the new chapter, I want to assure you of my commitment to upholding the highest standard of integrity, transparency, and discipline in all our operations,” he said.

The INEC chairman described the forthcoming Anambra State governorship election as a defining moment for the commission.

“The upcoming Anambra state governorship election is not just another electoral exercise. It represents a pivot opportunity for us to demonstrate our commitment to free, fair, and credible elections,” he declared.

“The eyes of the nation are upon us, and it is our duty to rise to that occasion.

“Credibility in our election is paramount, and we must ensure that every voter feels confident that their vote will count. Because that is a constitutional task, and let’s restore back the confidence of every voter that whenever there is an election, their vote will count,” Amupitan added.

While promising to make staff welfare a central part of his agenda, he acknowledged that the commission’s workforce played a vital role in ensuring credible elections.

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“For me, staff welfare is going to be my priority. We are going to be expecting so much from you, so your welfare is going to be a priority.

“We’ll work assiduously and tirelessly to ensure that our working conditions are conducive and that our staff are equipped with the necessary resources to excel,” the new INEC chairman assured staff members.

Amupitan, accompanied by his wife, children, and senior officials from the University of Jos, expressed gratitude to his academic colleagues, who celebrated his appointment.

“I was told that the whole university got shut down out of excitement. One of theirs is now given this very herculean and important responsibility of heading this commission at this time,” he said.

Despite the weight of his new responsibilities, he said he was ready for the challenge.

“The places I’ve gone to, including some national commissioners, they were saying, ‘I don’t envy you.’ But let me say that I am excited about the journey ahead.

“Together, let us uphold the values of democracy and work tirelessly for the credibility of our elections,” he said.

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He described his appointment as part of a divine plan.

“Maybe if I had a choice, I would say I would not come here. But from all the indications, I could see that God is moving in this country, and my coming is divine.

“If God says go, who are you to say ‘I’m not going?’ I’m here because I have a role to play to ensure that a new Nigeria is birthed. And of course, you know, INEC has a very, very important role to play in this quest.

“God bless you all, and God bless the Federal Republic of Nigeria,” he concluded.

Earlier, the Acting Chairman of INEC, May Agbamuche-Mbu, formally transferred the reins to Amupitan.

Congratulating Amupitan on his appointment and swearing-in, she noted that his emergence was “a recognition of your distinguished record as a legal scholar, administrator, and patriot, but also a call to national service of the highest order.”

She reminded him that he was assuming office at a “most crucial time” as the commission prepared for the Anambra governorship election, adding that four National Commissioners were already in the state on a readiness assessment visit.

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Acknowledging the enormity of the task ahead, she said, “Elections are the lifeblood of democracy, and the expectations of Nigerians have never been higher.

“However, you are not walking into an empty field. You are stepping onto the firm and fertile ground laid by your predecessor, Professor Mahmood Yakubu.”

Agbamuche-Mbu praised Yakubu’s leadership for introducing “landmark innovations, from the BVAS and IReV to the strengthening of institutional transparency and voter confidence.”

Describing the assignment before Amupitan as “a herculean national service,” she expressed confidence in his capacity to lead.

“(It’s) one that demands sacrifice, patience, and unflinching dedication, but I have no doubt that you are equal to the task,” the national commissioner noted.

She presented the handover notes to Amupitan, saying, “May your tenure be marked by wisdom, integrity, innovation, and enduring impact.”

 

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