Constitutional Lawyer Slams Sharia Council’s Call for INEC Chairman’s Sack as “Mere Blackmail”

By Kayode Lawal

A renowned constitutional lawyer and Senior Advocate of Nigeria (SAN), Professor Sebastine Hon, has strongly dismissed the Sharia Council of Nigeria’s demand for the removal or resignation of the Independent National Electoral Commission (INEC) Chairman, Professor Joash Amupitan SAN, describing the call as an unguided, ridiculous and constitutionally untenable request that amounts to blackmail.

In a statement issued in Abuja on Sunday, Prof. Hon maintained that the reasons advanced by the Council  centred on perceived bias lack any valid constitutional or empirical foundation and amount to an invitation to President Bola Tinubu to violate the 1999 Constitution.

The learned silk explained that, contrary to the Council’s position, the INEC Chairman can only be removed by the President acting on an address supported by a two-thirds majority of the Senate, and only on specific grounds: inability to discharge the functions of the office (whether due to infirmity of mind or body or any other cause) or misconduct.

He quoted subsections (1) and (2) of Section 157 of the Constitution, emphasizing that the phrase “or any other cause” is not open-ended but is tied to the parent condition of “inability to discharge the functions of the office.”

Prof. Hon stressed that the Constitution does not contemplate removal based on public statements made before assuming office, nor does it allow removal on grounds of prior opinions or expressions. He described any such interpretation as doing “grave and damaging violence” to the clear provisions of the Constitution.

The senior lawyer further highlighted the rigorous appointment process Prof. Amupitan underwent: On November 9, 2025, President Bola Ahmed Tinubu nominated him; On October 10, 2025, the National Council of State comprising the President, Vice President, former Presidents/Heads of State, Chief Justice of Nigeria, Senate President, Speaker of the House of Representatives, Attorney-General of the Federation and state governors (many of them Muslims) — unanimously approved the nomination; Kogi State Governor Ahmed Usman Ododo (a Muslim) publicly described Prof. Amupitan as “a man of integrity” in the State House press statement that day; On October 16, 2025, the Senate — which includes a significant number of Muslim senators — unanimously confirmed the appointment after an extensive screening exercise during which no objection was raised.

Prof. Hon described the Sharia Council’s sudden objection  based on Prof. Amupitan’s prior condemnation of genocide against Christians by Muslim extremists — as an afterthought and a dangerous precedent.

He argued that accepting such a tendentious objection would undermine the integrity of the appointment process carried out by high-ranking Muslim and Christian leaders who presumably conducted due diligence.

The professor noted that Prof. Amupitan has committed none of the constitutional infractions that could justify removal under Section 157.

Consequently, Prof. Hon vehemently opposed any call for the INEC Chairman’s removal and advised Prof. Amupitan not to succumb to what he termed blackmail by resigning voluntarily.

Instead, he urged the INEC boss to regard the unfounded suspicion of bias as motivation to uphold justice, fair play and strict neutrality — the core requirements of his office — even more diligently.