SERAP asks INEC Chair to obey court judgement over electoral offences
INEC chairman, Prof. Mahmood Yakubu
Published By: Isa Isawade
Socio-Economic Rights and Accountability Project (SERAP) has urged Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC) “to immediately and effectively enforce the judgment ordering INEC to pursue cases of bribery against state governors and their deputies, and other electoral offences committed during the 2023 general elections.”
The judgment was delivered on 18 July 2024 by Hon. Justice Obiora Atuegwu Egwuatu following a mandamus lawsuit brought by SERAP.
In the letter dated 28 September 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “It is unacceptable for INEC to take the court, which is the guardian of justice in this country, for a ride.”
SERAP said, “The recurring cases of electoral bribery and violence make a mockery of Nigeria’s electoral process and participatory democracy.”
The letter, read in part: “We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider pursuing contempt proceedings against you and INEC for your continuing failure to obey the court judgment.
“SERAP is concerned that the continuing failure by INEC to obey the court judgment is contributing to electoral offences in several states, as illustrated by the recently held governorship election in Edo state and impunity for electoral offences in Nigeria.
“Justice Egwuatu ordered INEC to seek the appointment of independent counsel to investigate allegations of electoral offences including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.
“The court also ordered INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.
“The court further ordered INEC to swiftly prosecute all arrested electoral offenders in the 2023 general election in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies.
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“By ignoring the court judgment, INEC under your leadership is violating the provisions of Section 287 of the Nigeria Constitution 1999 [as amended] which imposes a binding obligation on all authorities and persons in Nigeria to comply with the verdicts of all courts.
“SERAP is concerned that suspected perpetrators of grave electoral offences including in the off-cycle governorship elections in Kogi, Imo and Bayelsa states continue to enjoy impunity.
“Obeying the judgment would prevent and combat allegations of electoral offences such as those witnessed in the recently concluded governorship election in Edo state and the seriously flawed local government elections in several states.”
“Obeying the judgment will restore public trust and confidence in Nigeria’s electoral process. It will also ensure compliance with constitutional provisions, international standards and the Electoral Act.
“By immediately complying with the judgment, you will show Nigerians that the electoral body is willing and able to end many years of brazen impunity for electoral offences in the country.”
Justice Egwuatu’s judgment in lawsuit number FHC/ABJ/CS/583/2023, read in part: ‘Being citizens of this great country, SERAP and its members have the legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.’
‘In requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.
‘The substance of SERAP’s grouse is the violence associated with elections in Nigeria which tends to prevent citizens from exercising their franchise during elections, thus preventing credible election and in the long run credible leaders.’
