Was Prof. Joash Amupitan a member of the legal team of Bola Tinubu and the APC in the presidential election petition of 2023?
Yes, Prof. Joash Ojo Amupitan, SAN—a distinguished Nigerian legal scholar, professor of law at the University of Jos, and Senior Advocate of Nigeria—was part of the legal team representing President Bola Ahmed Tinubu and the All Progressives Congress (APC) in the 2023 presidential election petition tribunal. The tribunal, presided over by the Presidential Election Petition Court (PEPC), heard challenges to Tinubu’s victory in the February 2023 general elections, primarily from the Peoples Democratic Party (PDP) led by Atiku Abubakar and the Labour Party (LP) led by Peter Obi.
Key Details of His Role
• Position on the Team: Amupitan served as lead counsel for the APC and Tinubu during the proceedings. This role involved defending the election’s integrity against allegations of irregularities, non-compliance with electoral laws (e.g., the Electronic Transmission of Results or IReV system), voter suppression, and Tinubu’s eligibility under Section 137 of the 1999 Constitution.
• Context of the Case: The APC’s defense, coordinated under lead counsel Chief Wole Olanipekun, SAN, argued that the petitioners failed to substantiate claims of widespread malpractice. Amupitan contributed to this strategy, focusing on legal precedents in electoral law, evidence admissibility, and procedural dismissals. The tribunal ultimately dismissed the petitions on September 6, 2023, upholding Tinubu’s victory in a unanimous 4-0 decision (with one justice recusing).
• Team Composition: The APC assembled a formidable team of over 50 Senior Advocates, including Olanipekun, Lateef Fagbemi (SAN, now Attorney-General), and others like Gordy Uche (SAN) and Adeniyi Akintola (SAN). Amupitan’s expertise in corporate governance, evidence law, and electoral reforms aligned with the defense’s emphasis on dismissing petitions for lack of merit.
Evidence and Sources
This involvement has been corroborated in multiple reports, particularly amid recent scrutiny following Tinubu’s nomination of Amupitan as INEC Chairman in October 2025. Civil society groups, such as the Coalition of Civil Society Organizations in Nigeria (COCSON), highlighted his prior role as a potential conflict of interest, urging rejection of the nomination to preserve INEC’s neutrality. For instance:
• COCSON explicitly noted Amupitan’s service as “lead counsel to the APC and President Tinubu during the 2023 Presidential Election Petition Tribunal,” arguing it could erode public trust in electoral impartiality.
Broader Implications
Amupitan’s participation underscores his deep engagement in high-stakes electoral litigation, drawing from his over 30 years of legal practice since being called to the Bar in 1988. However, his 2025 INEC nomination—approved by the Council of State on October 9, 2025, and pending Senate confirmation—has reignited debates on partisanship in public appointments. Tinubu described him as “apolitical and a man of integrity,” but critics point to this history as evidence of alignment with the APC.
This confirmation is based on contemporaneous 2023 reports and recent 2025 analyses of his career trajectory.
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