The petition recently submitted by the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) to the Senate, demanding the disqualification of Professor Joash Ojo Amupitan, SAN, as Chairman of the Independent National Electoral Commission (INEC), is based on a serious factual and professional error.
The group alleged that Prof. Amupitan had served as lead counsel to the All Progressives Congress (APC) during President Bola Ahmed Tinubu’s 2023 election petition at the Supreme Court — an accusation implying partisanship and conflict of interest.
But verifiable court documents and official statements show that this claim is entirely false.
The Real Legal Team for Tinubu’s 2023 Defence
Records from the Presidential Election Petition Court (PEPC) and the Supreme Court confirm that the lead counsel who represented President Tinubu was Chief Wole Olanipekun, SAN, one of Nigeria’s most respected legal icons and a former President of the Nigerian Bar Association.
He was assisted by other eminent lawyers, including:
Prince Lateef Fagbemi, SAN, now the Attorney-General of the Federation;
Chief Akin Olujinmi, SAN, former Attorney-General; and
Prof. Taiwo Osipitan, SAN, of the University of Lagos.
These names appear on every official record of proceedings. Prof. Joash Amupitan, SAN, does not appear anywhere on the list of counsel filed for either the APC or the President.
Mistaken Identity: Osipitan vs. Amupitan
The error appears to stem from a simple but costly mix-up between Prof. Taiwo Osipitan, SAN, and Prof. Joash Amupitan, SAN.
Osipitan was a member of the Tinubu defence team.
Amupitan is a different person entirely — a constitutional scholar and respected professor of law who has never represented any political party in court.
This confusion of names may seem minor, but for a professional legal association, it is inexcusable. The difference between “Osipitan” and “Amupitan” is not only phonetic; it concerns two distinct individuals with separate professional paths. A lawyer’s first duty is to verify facts before making allegations.
Official Confirmation of the Truth
Babatunde Ogala, SAN, the coordinator of Tinubu’s 2023 Presidential Legal Team, has publicly clarified that:
“Professor Joash Amupitan was never, at any point, a member of the Tinubu Presidential Legal Team.”
This has been confirmed by credible media such as The Nation and TheCable, which reviewed certified court records and found no mention of Amupitan’s name in any filing or appearance.
With that, ALDRAP’s main accusation collapses completely. It is a textbook case of poor fact-checking — a disservice to the very legal standards the group claims to defend.
Professional Lapses and Ethical Concerns
Under Rule 32(1) of the Rules of Professional Conduct for Legal Practitioners (2007), a lawyer must avoid conduct unbecoming of the profession.
Publishing a petition containing false allegations against another legal practitioner, especially one being considered for national office, violates that rule.
Before addressing a letter to the Senate — and even copying foreign embassies and security agencies — ALDRAP should have carried out due diligence. Failing to confirm basic facts about who represented who in court shows negligence and political bias, not professionalism.
The Legal Framework for INEC Appointments
The Constitution is clear on how an INEC chairman is appointed.
Section 154(1) of the 1999 Constitution provides that the President nominates a candidate, the Council of State offers its advice, and the Senate confirms or rejects the nominee.
No part of that process involves public associations, pressure groups, or foreign embassies.
By copying its petition to the U.S., U.K., and E.U. embassies, ALDRAP crossed an unnecessary line. Nigeria is a sovereign state. Our institutions have both the competence and the constitutional authority to handle domestic appointments without external validation.
The Senate and foreign embassies should therefore disregard the ALDRAP petition in its entirety — it lacks factual basis, legal merit, and procedural relevance.
No Legal Basis for Disqualification
Even if (hypothetically) Amupitan had once represented a political party, that alone would not disqualify him.
Lawyers routinely represent clients from all walks of life; doing so does not make them partisan.
The Code of Conduct Bureau and Tribunal Act (Section 5) forbids current conflicts of interest — not past professional work.
Likewise, Section 19 of the ICPC Act (2003) concerns corrupt advantage, not lawful legal representation.
To stretch these provisions to cover past professional service would mean disqualifying virtually every accomplished lawyer in Nigeria.
The law requires evidence of present bias or undue influence, not conjecture. ALDRAP has provided none.
Context and International Perspective
Globally, competence and integrity — not historic client lists — determine suitability for public office.
In Kenya, former IEBC Chairman Wafula Chebukati had prior professional dealings with political actors but was appointed based on merit.
In South Africa, senior lawyers with past government experience have headed electoral commissions successfully.
In the United States, judges and commissioners often served in partisan administrations before taking neutral roles.
Experience is an asset, not a liability. What matters is independence of mind, not prior professional association.
ALDRAP’s Credibility Problem
ALDRAP claims to have over 1,000 members, yet its public record of achievements is thin.
Beyond issuing occasional statements, the group has not produced major legislative reforms or landmark litigation.
By circulating a letter built on factual error and copied to foreign embassies, the association has exposed itself to ridicule within the legal community.
A responsible professional body should verify, not vilify. Its approach to this issue betrays partisanship, not advocacy.
The Man in Question: Prof. Joash Ojo Amupitan, SAN
Prof. Amupitan’s record speaks for itself.
A scholar of constitutional and administrative law, a former Dean of Law, and a mentor to generations of students, he is widely regarded as principled, brilliant, and deeply religious.
His upbringing by educationist parents instilled discipline, moral clarity, and respect for hard work.
These are precisely the qualities Nigeria’s electoral system needs — not another round of political name-calling.
Those who know him describe him as calm under pressure, meticulous in thought, and incorruptible in conduct.
Lessons and the Broader Implication
This episode exposes more than carelessness; it reveals the political desperation of those attempting to sow disunity under the guise of activism.
In their haste to discredit a nominee backed by the President and the Council of State, ALDRAP and its sponsors have only exposed themselves as shallow political adventurers — unfit to lecture the nation on law or leadership.
Nigeria must rise above such distractions. The Senate, guided by the Constitution and evidence, should continue its screening process unhindered, while foreign embassies should treat the petition as noise unworthy of diplomatic attention.
Conclusion
The facts are clear:
Prof. Joash Amupitan, SAN, was never part of Tinubu’s 2023 legal team.
The lead counsel was Chief Wole Olanipekun, SAN; Prof. Taiwo Osipitan, SAN, was a separate individual entirely.
ALDRAP’s petition is built on falsehood, confusion, and political motive.
The Senate should proceed with confirmation based on merit, not misinformation. Nigeria needs serious minds — not noisy actors — to build institutions of integrity.
Let the facts speak, let the truth prevail, and let the detractors fade into their own shadows of error.
Princess Gloria Adebajo-Fraser MFR.
The National Patriots.
10th October 2025.
President of the Senate,
National Assembly
THROUGH:
Senate Committee on Electoral Matters,
Senate of the Federal Republic of Nigeria,
National Assembly,
Abuja,
Federal Capital Territory (FCT).
ATTENTION: Distinguished Senator Rt. Hon. Simon Lalong, Chairman, Senate Committee on Electoral Matters.
Dear Senate Committee on Electoral Matters, Sirs and Madams,
DISQUALIFICATION OF PROF. JOASH AMUPITAN FROM CONFIRMATION AS CHAIRMAN OF THE INDEPENDENT NIGERIAN ELECTORAL COMMISSION (INEC) ON THE GROUNDS OF LIKELIHOOD OF BIAS, IMPARTIALITY AND CONFLICT OF INTERESTS (IN VIOLATION OF SECTION 5 OF THE CODE OF CONDUCT BUREAU AND TRIBUNAL ACT, 1991 AND SECTION 19 OF THE INDEPENDENT CORRUPT PRACTICES AND RELATED OFFENCES ACT, 2003) CONSIDERING HIS PREVIOUS ENGAGEMENT AS LEAD COUNSEL FOR THE ALL PROGRESSIVES CONGRESS (APC) DURING THE 2023 PRESIDENTIAL ELECTION PETITION AT THE SUPREME COURT.
By way of introduction, Association of Legislative Drafting and Advocacy Practitioners-ALDRAP is a professional Association of over 1,000 Lawyers who are both staff and consultants of the National Assembly and other legislatures within and outside Nigeria.
Our paramount goal is to promote professionalism in the enactment of the laws of the Federal Republic of Nigeria.
Our methods include public legal education programmes, and public interest litigation.
The ultimate objective is to ensure that both officials and institutions of government comply with the provisions of both the Constitution of the Federal Republic of Nigeria, 1999 and other legislation.
In September 2017 we received formal accreditation as a provider of continuing legal education programmes for the over 200,000 Nigerian lawyers, said accreditation was issued by the Nigerian Bar Association-NBA’s Institute of Continuing Legal Education.
We write to notify the Senate of the Federal Republic of Nigeria that any letter from the President of the Federal Republic of Nigeria seeking confirmation of Professor JOASH AMUPITAN as the Chairman of INEC, ought to be responded to with immediate effect stating that said Prof. JOASH AMUPITAN does not meet the qualifications in the first instance.
The letter of response to the said letter of nomination should be dispatched with immediate effect without taking the next step of referring the said letter to your respected Committee on Electoral Matters.
The reason is because Prof. JOASH AMUPITAN as a former Legal Counsel to the All Progressives Congress-APC at the 2023 Presidential Electoral Petition at the Supreme Court of Nigeria is automatically disqualified from holding the position of Chairman of INEC.
The reasons are as listed below:
1. Previous Precedent of Senate’s disqualification of INEC Nominees such as Lauretta Onochie in the year 2021 due to their affiliation to the All Progressives Congress-APC to be disqualified from confirmation by your respected Committee.
2. Professor Joash Amiputan’s confirmation would be a violation of Section 5 of the Code of Conduct Bureau and Tribunal Act, 1991, which states as follows: “A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.” Having previously served as a lead legal counsel to the APC, Prof. Joash Amiputan cannot perform the duties of Chairman of INEC which is a position that requires utmost impartiality as the chief electoral umpire, when called upon to arbitrate or oversee conduct of elections between the APC and other political parties, his sympathies would likely be towards the APC;
3. Confirm of Prof. Joash Amiputan would be evidence that he is using his previous position as lead Legal Counsel to the APC to benefit himself and confer advantage upon himself. This is a violation of Section 19 of the Independent Corrupt Practices and Related Offences Commission Act, 2003; and
4. There are over 200,000 lawyers in Nigeria, if the President and the National Council of State has made the decision that the next Chairman of INEC ought to be selected from the legal profession, then there are not less than 100,000 Nigerian lawyers who are not registered members of any political party or previous acted as legal counsel to any political parties in Nigeria. His Excellency President of the Federal Republic of Nigeria can select from this category of lawyers to avoid the appearance of bias.
TAKE NOTICE THAT IN THE EVENT THAT THE SENATE OF THE FEDERAL REPUBLIC OF NIGERIA GOES AGEAD TO UNDERTAKE CONFIRMATION OF THE SAID PROF. JOASH AMUPITAN, OUR ASSOCIATION-ALDRAP SHALL BE LEFT WITH NO OTHER OPTION THAN TO INSTITUTE A LAWSUIT TO COMPEL THE SENATE TO COMPLY WITH THE REQUIREMENTS OF IMPARTIALITY IN THE CONFIRMATION OF A CHAIRMAN OF INEC.
We thank you in advance for your anticipated cooperation.
Yours faithfully,
Jesse Williams Amuga,
Administrative Secretary, ALDRAP.
1. President of the Federal Republic of Nigeria;
2. Secretary to the Government of the Federation, Abuja, FCT;
3. Director-General, Department of State Security Services (DSS), Headquarters, Abuja, FCT;
4. Inspector-General of Police, Louis Edet House, Abuja, FCT;
5. Ambassador of the European Union to the Federal Republic of Nigeria, Abuja, FCT;
6. Ambassador of the United States of America (USA), Abuja, FCT; and
7. High Commissioner of the United Kingdom in Nigeria
Ogala clarified that at no time did Prof. Amupitan serve as a member of the Tinubu Presidential Legal Team, nor was his professional counsel or opinion sought during the legal proceedings.
My attention has been drawn to several false and misleading claims currently circulating on social media, alleging that Prof. Oash Amupitan, SAN, recently appointed as Chairman of the Independent National Electoral Commission (INEC), was a member of the Tinubu Presidential Legal Team.
As the erstwhile Coordinator of that legal team, I feel compelled not as a rejoinder, but in the service of truth and public interest to set the records straight and allay any concerns these malicious fabrications may have caused among well-meaning Nigerians.
For the avoidance of doubt, Prof. Amupitan, SAN, was never, at any time, a member of the Tinubu Presidential Legal Team. His name does not appear among the over one hundred and twenty-three (123) legal practitioners who were formally engaged for that assignment, sixty (60) of whom were distinguished Senior Advocates of Nigeria. At no point during the entire process was his counsel, opinion, or professional service sought or rendered.
I therefore challenge anyone peddling this falsehood to produce verifiable evidence to the contrary. In fact, any member of the public may apply for Certified True Copies of all legal processes filed on behalf of the President-Elect (as he then was) to confirm the authenticity of this statement.
While political discourse is inevitable in any democracy, it is essential that our engagement remains anchored on truth, decency, and national stability. Deliberately twisting facts to inflame public sentiment serves no one and only endangers our collective peace.
Mr. President has lawfully exercised his constitutional prerogative in making this appointment, and the Council of State has approved the same. It is therefore incumbent upon all responsible citizens, leaders, and media practitioners to reject narratives that are baseless, divisive, unkind, uncharitable, and capable of undermining public trust.
I reaffirm my unwavering commitment to justice, fairness, and the continued strengthening of our democratic institutions. Let truth, not mischief, guide our national conversations.
God bless the Federal Republic of Nigeria.
Babatunde OGALA, SAN
Erstwhile Coordinator,
Tinubu Presidential Legal Team
My knowledge of Prof Joash Amupitan, SAN from primary school to university
1. Joash is my (Kenway DAVIDSON, FCA) childhood friend from the same home town…… and we remain bossom friends till date.
2. We attended the same primary school and was in the same class all thru @ LEA 2, Aiyetoro Gbede (there was an LEA 1 school in another location in our town) commencing in 1973.
3. Let me quickly chip it in that our late fathers were both teachers turned to headmasters, but his father subsequently switched to Judiciary and became a local Judge…. His mum was also a teacher then, both of blessed memories and my father too.
4. Joash, an exceptionally brilliant pupil like me (with all modesty) left for St Barnabas Secondary, Kabba Town from primary 5 in 1977, but my own dad maintained that I must complete my primary 6 despite the fact that I brilliantly passed my common entrance then. Thus, I concluded my primary 6 in 1978 before proceeding to GSS, Ilorin.
5. In other words, Joash entered secondary school @ age 10….., so is this a big deal for a brilliant soul and whose parents were educationists who were highly revered in those days.
6. He subsequently gained admission into School of Basic Studies, of then Kwara State College of Technology, Ilorin in 1982 for his A Levels (Studying for GCE and IJMB) which he completed in 1984. However, I was equally @ Kwara Tech (as it was called then) but a year after him from 1983 – 1985.
7. Note that the one year advantage he gained over me for his movement from primary 5 to secondary then subsisted till we both graduated.
8. Meanwhile, in 1984, Prof Amupitan was admitted to Unijos to study law and graduated in 1987 (@ 20 years of age) while I was admitted into ABU Zaria in 1985 to study Accounting, finishing in 1988.
9. At his graduation in 1987, Joash carted away all the prizes in his Faculty….. To the glory of God, I also won prizes during my graduation in 1988.
10. Let me also give a vital information. His immediate younger sister, Toyin Ayeni (nee Amupitan) was my classmate all through Kwara Tech to ABU Accounting class where we both graduated in 1988. She was very young then aged 19 years….. Toyin was to my best of knowledge the youngest in our set then. She recently retired as Director of Finance, ICPC.
11. The forgoing is much I sincerely know about Joash’s education sojourn from primary school to university.
12. The rest as they say, is history.
Kenway DAVIDSON, FCA
Immediate past Director of Audit, UI
Friday, 10 October 2025.
