Tinubu's INEC picks would refill all 12 seats; five other commissioners, sworn in on 23 February 2022, end their terms 16 days after the last polls

On Friday, 16 October 2026, the State House announced that President Bola Tinubu had nominated new members of the Independent National Electoral Commission (INEC) "to fill vacancies ... created by expiring tenures", and that he had urged the Senate to confirm them quickly "in view of the forthcoming General elections next January". Vero Record set the release against INEC's own records and the Constitution. On the vacancies it names, the record supports the Presidency: if the Senate confirms all four national commissioners, INEC will again have the twelve the Constitution provides for, two from each geopolitical zone. But INEC's Report of the 2023 General Election records that five of the commissioners who will stay were sworn in on 23 February 2022. Under the Constitution's five-year rule, their terms end on 22 February 2027, 37 days after the presidential and National Assembly election and 16 days after the governorship election. Two of the five are serving a second term, and the Constitution does not allow a third.

The release, signed by Bayo Onanuga, Special Adviser to the President on Information and Strategy, is headed "President Tinubu nominates 4 new INEC national commissioners and 2 resident electoral commissioners". Its text names three new national commissioners and one reappointment. Professor Mustapha Aliu "will replace Professor Abdullahi Zuru as the North West representative"; Bashir Muhammed Umar will replace "Professor Muhammad Adamu as the North Central representative"; and Mrs Oluwatoyin Babalola, "the resident electoral commissioner in Osun", is put forward as the South West national commissioner to replace "Professor Cornelius Ajayi, whose tenure expires on October 24". The fourth national commissioner is not new: "the President reappointed Dr Bala Bila, the national commissioner representing the North East." The two resident electoral commissioner nominees are Dr Samuel Akinjide Akinleye, "to represent Ekiti State", and Zahradden Basiru Sanusi, "from Jigawa, who will replace Professor Saidu Ahmed Babura." The release says: "The Senate will scrutinise all the nominees."

The Constitution sets the frame. Paragraph 14(1) of Part I of the Third Schedule, as substituted by the First Alteration Act of 2010, says INEC comprises a chairman and "twelve other members to be known as National Electoral Commissioners". Section 154(1) makes their appointment by the President "subject to confirmation by the Senate", and paragraph 14(3)(a) does the same for each state's resident electoral commissioner. Section 155(1)(c) fixes a member's tenure at "a period of five years from the date of his appointment". On the Senate's role, the release and the Constitution agree.

INEC's own history fixes the dates. Its Report of the 2023 General Election, published by the commission, says on page 5 that the first batch of replacements "was appointed on the 15th of September 2021, and it consisted of Professor Abdullahi Abdu Zuru, Professor Sani Muhammad Adam (SAN) and Dr. Baba Bila", and that "this batch was closely followed on the 25th of October 2021 by Professors Muhammad Sani Kalla and Kunle Cornelius Ajayi". A release issued on 25 October 2021 by Femi Adesina, then the presidential spokesman, and carried by the Federal Ministry of Information, says the same: President Muhammadu Buhari swore in Professor Kallah and Professor Ajayi that day, having sworn in three of the cleared commissioners on 15 September 2021. Five years from 25 October 2021 ends on 24 October 2026, the date the State House gives for Professor Ajayi. The same count ends the terms of Professor Zuru, Professor Adam and Dr Bila on 14 September 2026, which means those three seats had been empty for 32 days when the nominations were announced.

INEC's website shows the commission as it stands. Its national commissioners page, read on 17 October 2026, lists nine: Sam Olumekun (Ondo), Professor Rhoda Gumus (Bayelsa), Professor Sunday Aja (Ebonyi), Dr Ken Ukeagu (Abia), Mohammed Haruna (Niger), May Agbamuche-Mbu (Delta), Abdulrazaq Tukur Yusuf (Katsina), Professor Kunle Ajayi (Ekiti) and Rear Admiral Jamila Malafa (Adamawa). Zuru, Adam and Bila are not on it. With the chairman, Professor Joash Amupitan, that is ten of thirteen seats today, and nine from 25 October, when Professor Ajayi leaves. Adding the four nominees to the eight remaining commissioners gives twelve, with two from each zone: Haruna and Umar for the North Central, Malafa and Bila for the North East, Yusuf and Aliu for the North West, Olumekun and Babalola for the South West, Aja and Ukeagu for the South East, and Gumus and Agbamuche-Mbu for the South South. The Constitution does not itself require two per zone, but on the arithmetic the nominations do what the release says: they fill the seats that are empty or about to be.

Dr Bila's reappointment is also within the rules. Section 156(3) says no one is qualified for appointment who, having been appointed a member, "has been re-appointed for a further term as a member of the same body". In other words, one reappointment is allowed and a third term is not. INEC's report lists every member appointed in 2015, 2016 and 2018 on page 4, and Dr Bila is not among them; on the record read, 2021 was his first appointment and this would be his first reappointment.

The release says nothing about a second set of expiries, and INEC's report records it. On page 5 it says the six commissioners whose tenures ended in December 2021 "were replaced by Professor Rhoda H. Gumus, Major-General Modibbo Abubakar Alkali (rtd.), Mr. Sam Olumekun and Mr. Kenneth Nnamdi Ukeagu. Barrister May Agbamuche-Mbu and Malam Mohammed Kudu Haruna were re-appointed for a second term. All six were sworn in on the 23rd of February 2022." Five of those six are on INEC's list today; General Alkali is not. Counted the way the State House counted Professor Ajayi's term, five years from 23 February 2022 ends on 22 February 2027. INEC's election calendar, read on 17 October 2026, sets the presidential and National Assembly election for 16 January 2027 and the governorship and State House of Assembly election for 6 February 2027. From 16 January to 22 February is 37 days (15 days to the end of January and 22 in February); from 6 February to 22 February is 16 days. Both South South seats, held by Professor Gumus and Mrs Agbamuche-Mbu, are among the five.

For two of the five, section 156(3) settles what happens next. INEC's report says on page 4 that Mrs Agbamuche-Mbu and Malam Haruna first joined the commission on 5 December 2016, and on page 5 that they were "re-appointed for a second term" in 2022. Under the section quoted above, neither is qualified for another appointment, so both seats will need new people. INEC's website lists Malam Haruna as "Mr. Mohammed Haruna" of Niger State, with Government College, Bida, "his home town"; the report's "Malam Mohammed Kudu Haruna" is the commissioner it records joining in 2016. Professor Gumus, Mr Olumekun and Dr Ukeagu were first appointed in 2022 and, on the same section, could be reappointed once.

The Constitution does not leave the commission unable to act when seats are empty. Section 159(1) sets the quorum for a meeting at "not less than one-third of the total number of members of that body at the date of the meeting", and section 159(4) says the body "may act or take part in any decision notwithstanding any vacancy in its membership". If all four nominees are confirmed and no one is appointed to the five seats by 22 February 2027, INEC would have eight members, the chairman and seven commissioners. One third of thirteen is 4.33 and one third of eight is 2.67, so on either reading eight members would be enough for a quorum. The documents do not show whether the Presidency has begun the process for those five seats.

The resident electoral commissioner nominations also line up with INEC's records. A State House release of 25 October 2023 named "Mrs. Oluwatoyin Babalola" as "Ekiti State Resident Electoral Commissioner", one of ten appointed "for a term of five (5) years each". INEC's state offices directory now shows her posted to Osun, and her INEC profile describes her as a native of Igbara-Odo Ekiti in Ekiti State. The 2026 release does not say whose place Dr Akinleye takes "to represent Ekiti State"; on the 2023 list, the Ekiti slot is the one Mrs Babalola would vacate. The directory shows "Prof Saidu Babura Ahmed" posted to Kaduna, with a profile saying he was born "in Babura, now in Jigawa", which matches the release's choice of a Jigawa nominee to replace him. Section 6(2)(a) of the Electoral Act 2026 gives a resident electoral commissioner "a term of five years from the date of his or her appointment which may be renewable for another term of five years and no more". The release does not say when Professor Babura's term ends.

One step the Constitution requires is not mentioned in the release. Section 154(3) says that in appointing "a person as Chairman or member of the Independent National Electoral Commission", the President "shall consult the Council of State". When Professor Amupitan was nominated as chairman, the State House said so: its release of 9 October 2025 reported that the National Council of State had "unanimously supported the nomination" and that "in compliance with the constitution, President Tinubu will now send Amupitan's name to the Senate for screening". The 16 October 2026 release mentions only the Senate. That silence does not show the Council was not consulted; the documents read do not say either way.

The release and INEC's records also spell several names differently. The release has "Dr Bala Bila" where INEC's report has "Dr. Baba Bila"; "Professor Muhammad Adamu" where the report has "Professor Sani Muhammad Adam (SAN)"; "Professor Cornelius Ajayi" for INEC's "Professor Kunle Cornelius Ajayi"; and "Professor Saidu Ahmed Babura" for the directory's "Prof Saidu Babura Ahmed". The release also calls the North East commissioner a reappointment while its heading counts four "new" national commissioners. In each case the zone, state and dates match, so the identities are not in doubt; the differences lie in how the names are written.

The documents leave some things open. The Constitution counts tenure "from the date of his appointment", and INEC's report gives swearing-in dates for the 2022 batch. If a different date of appointment was used, the February 2027 end date would move with it. INEC's pages do not say when Professor Aja, Mr Yusuf or Rear Admiral Malafa were appointed, or when Professor Kallah and General Alkali left the commission. Vero Record did not obtain the Senate's Votes and Proceedings for this week, so whether the nominations have been read on the floor or referred to a committee is not established. Nothing in the documents read suggests any of the nominees is unqualified; the release gives no ages or biographies, and only Mrs Babalola's age, 59, can be worked out from INEC's profile, which gives her date of birth as 10 June 1967.

What this rests on

State House release "President Tinubu nominates 4 new INEC national commissioners and 2 resident electoral commissioners", Bayo Onanuga, 16 October 2026 (web page, captured 17 October 2026). INEC, Report of the 2023 General Election, printed pp.4-6 (PDF pp.43-45). Femi Adesina release "President Buhari swears in two INEC Commissioners", 25 October 2021, as carried by the Federal Ministry of Information and National Orientation; State House diary pages for 15 September 2021 and 25 October 2021 ("President Buhari swore-in the new INEC Commissioners"). INEC website, national commissioners page, state offices and RECs directory, and election calendar, all read on 17 October 2026. Constitution of the Federal Republic of Nigeria 1999, PLAC consolidated text updated with the First to Fourth Alterations: ss.154(1) and (3) (printed p.108), 155(1)(c) and 156(3) (p.109), 159(1) and (4) (p.111), Third Schedule Part I para 14 (pp.237-238). Electoral Act 2026, s.6(2)(a) and (4) (Act pp.A10-A11). State House releases of 25 October 2023 (ten RECs) and 9 October 2025 (Council of State on Amupitan). Arithmetic: 25 October 2021 plus five years ends 24 October 2026, matching the release. 15 September 2021 plus five years ends 14 September 2026; 14 September to 16 October 2026 is 32 days (16 days in September after the 14th, 16 in October). 23 February 2022 plus five years ends 22 February 2027. 16 January to 22 February 2027: 15 + 22 = 37 days. 6 February to 22 February 2027: 16 days. Seats: INEC page lists 9 commissioners; plus chairman = 10 of 13 today. 9 - 1 (Ajayi, 24 October) = 8; 8 + 4 nominees (Bila, Aliu, Umar, Babalola) = 12, two in each of six zones (6 x 2 = 12). From 22 February 2027 without replacements: 12 - 5 (Gumus, Olumekun, Ukeagu, Agbamuche-Mbu, Haruna) = 7 commissioners, plus chairman = 8 members. Quorum under s.159(1): one third of 13 = 4.33, one third of 8 = 2.67; 8 exceeds both. Babalola's age: born 10 June 1967, so 59 on 17 October 2026.

What this does not establish

Whether "date of his appointment" in s.155(1)(c) was counted from the swearing-in for the February 2022 batch; if another date applies, the 22 February 2027 end date moves with it. Whether the President consulted the Council of State under s.154(3) before these nominations; the release is silent. Whether the Senate has received, read or referred the nominations; no Votes and Proceedings for this week were available. When Professor Aja, Mr Yusuf and Rear Admiral Malafa were appointed, and when and why Professor Kallah and General Alkali left the commission. When Professor Babura's term as a resident electoral commissioner ends, and whether Dr Akinleye formally takes Mrs Babalola's Ekiti slot (the release does not say). Whether the Presidency has begun replacing the five commissioners whose terms end on 22 February 2027. The nominees' ages and backgrounds, other than Mrs Babalola's date of birth on INEC's profile. The PLAC consolidated Constitution runs to the Fourth Alteration; later alterations were not checked, though none is known to touch these sections.