Professor Who Once Said ‘Budget Padding Is Lawful’ Has Been Appointed As Electoral Commission Chairman to Oversee 2027 Elections in Nigeria
However, Amupitan’s appointment has stirred public debate, largely because of his controversial 2016 comments in which he described budget padding as “lawful” under the Nigerian Constitution
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Professor Who Once Said ‘Budget Padding Is Lawful’ Has Been Appointed As Electoral Commission Chairman to Oversee 2027 Elections in Nigeria
The Federal Government has appointed Professor Joash Amupitan, a professor of law, as the new chairman of the Independent National Electoral Commission (INEC). His appointment was ratified by the Council of State on Thursday, making him the successor to outgoing INEC chairman, Prof. Mahmood Yakubu.
However, Amupitan’s appointment has stirred public debate, largely because of his controversial 2016 comments in which he described budget padding as “lawful” under the Nigerian Constitution.
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In an interview published by ThisDay on September 1, 2016, titled “Amupitan: Padding is Lawful, Constitutional”, (archive here) the professor defended the National Assembly’s right to amend or alter budget proposals presented by the executive. According to him, lawmakers acted within their constitutional powers when they made additions or modifications to budget estimates.
“As far as the constitution of Nigeria is concerned, there is nothing here that has been dishonestly or fraudulently done,” Amupitan said at the time, while commenting on the controversy surrounding then-Speaker Yakubu Dogara’s defence of budget padding.
He further explained that the legislature has the “power of the purse” — the authority to determine what funds are allocated and how they are spent — as granted by Sections 80 and 82 of the 1999 Constitution.
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“If the National Assembly can so alter the budget, why the uproar? The confusion about the whole process is that we seem to lack basic understanding of constitutional law in Nigeria,” he added.
What Is Budget Padding?
Budget padding refers to the unethical inflation of budget figures through the inclusion of unauthorized or unnecessary items and costs. It is often used to divert public funds or to justify inflated spending.
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Common forms include:
1. Inflating costs of legitimate projects.
2. Adding new, unauthorized items or “ghost projects.”
3. Manipulating figures to create room for personal or political gains.
How budget padding works:
1. Inflating costs: Increasing the estimated value of existing items or activities in the budget.
2. Adding new items: Introducing unauthorized or nonexistent projects and expenses that were not part of the initial proposal.
3. For personal gain: Legislators may add items for their own benefit or to please their constituents.
4. For anticipated cuts: Some public servants deliberately inflate proposals, expecting them to be cut by accounting officers, to make their initial requests seem more reasonable.
Why budget padding is a problem:
1. Corruption: It is a conduit for siphoning public funds and promotes a culture of corruption.
2. Misallocation of resources: Public money is directed to unnecessary or ghost projects instead of actual development needs.
3. Economic instability: It contributes to inflation and hinders national development.
4. Erosion of public trust: The practice undermines transparency and accountability in government financial management.
Despite Amupitan’s legal argument that the legislature can amend budgets, anti-corruption advocates and civic groups have long condemned padding as a form of corruption.
When the controversy first erupted in 2016, the Socio-Economic Rights and Accountability Project (SERAP) described budget padding as a “breach of public trust” that undermines transparency and accountability in governance.
“Any appearance of corruption in the budget process can result in a cynical public losing interest in political participation altogether. And democracy can’t work unless Nigerians have faith in those who govern,” the group said.
Public Reaction to Appointment
Amupitan’s appointment comes at a crucial moment, as the electoral commission prepares for the 2027 general elections. Critics have questioned the suitability of someone with such a controversial record on public finance ethics to oversee a national electoral process that relies heavily on public trust and transparency.
Civil society organizations have begun expressing concern that his past statements could raise questions about his stance on accountability and integrity in public office.
Nonetheless, supporters argue that Amupitan’s deep understanding of constitutional law and governance makes him a qualified choice for the job.
As he takes over from Prof. Mahmood Yakubu, Amupitan will be expected to steer INEC through one of the most anticipated elections in Nigeria’s democratic history, with public confidence and institutional transparency likely to define his tenure.
