A chieftain of the Labour Party (LP), Dr. Arabambi Abayomi, has petitioned President Bola Ahmed Tinubu, the National Assembly, and the Chief Justice of Nigeria over what he described as the unconstitutional removal of the Resident Electoral Commissioner (REC) for Osun State, Barrister Mutiu Agboke.
In an open letter dated April 16, 2026, Abayomi accused the Chairman of the Independent National Electoral Commission (INEC), Prof. Joash Ojo Amupitan (SAN), of exceeding his constitutional powers by allegedly orchestrating the transfer of Agboke without due process.
Citing constitutional provisions, Abayomi argued that the action violates the 1999 Constitution (as amended), which clearly outlines the procedure for the appointment and removal of RECs.
“Resident Electoral Commissioners are not appointees of the INEC Chairman. They are appointed by the President and confirmed by the Senate. Their removal must follow the same constitutional path—anything outside this is illegal and void,” he stated.
Abayomi who read out the letter to journalists in Abuja on Thursday further claimed that due process was ignored in Agboke’s case, noting that there was no evidence of investigation or fair hearing before the alleged removal.
“Where is the committee of investigation? Where is the fair hearing? A public officer cannot be removed based on an unverified petition without being given the opportunity to defend himself. That is a direct violation of natural justice,” Abayomi said.
According to him, the alleged action was triggered by a partisan petition, a development he described as dangerous for Nigeria’s electoral integrity.
“If a politically exposed person can write a petition and a REC is removed without due process, then no electoral officer is safe. That is not democracy—that is administrative anarchy,” he added.
The LP chieftain also faulted the reported replacement of Agboke with Mrs. Toyin Babalola, alleging that she had previously retired from INEC and questioning the legality of her reappointment.
“How does a retired director return as a Resident Electoral Commissioner in the same institution? This is not a consultancy role; this is a constitutional office. It raises serious legal and ethical questions that must be investigated,” he argued.
Abayomi warned that the development could erode public confidence in the electoral system, particularly in the South-West ahead of the 2027 general elections.
“You cannot build public trust in elections when those who manage the process are perceived to be imposed or manipulated. The credibility of INEC is on the line,” he said.
He therefore urged President Tinubu to intervene decisively by reversing the alleged removal of Agboke and halting Babalola’s appointment.
“Mr. President must act now to restore constitutional order. Allowing this precedent to stand will damage Nigeria’s democracy and weaken confidence in the 2027 elections,” Abayomi warned.
He also called on the National Assembly to strengthen its oversight role and ensure strict adherence to constitutional provisions governing electoral appointments.
Abayomi stressed that safeguarding the integrity of Nigeria’s electoral process remains essential to credible elections and democratic stability
