SERAP Asks INEC To Initiate Lawsuits Against Electoral Offenders

The Socio-Economic Rights and Accountability Project (SERAP) has urged Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), to 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.

Recall that Justice Obiora Egwuatu, in his judgment on July 18, gave the order, following a mandamus lawsuit marked FHC/ABJ/CS/583/2023, brought by SERAP, praying the court to compel INEC to investigate allegations of electoral malpractice in the last general elections.

The court also ordered INEC to appoint an 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 as well as other alleged perpetrators of violence during the election.

In a letter dated 28 September 2024 and signed by SERAP’s deputy director, Kolawole Oluwadare, the organisation accused INEC of taking “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 reads in parts, “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.

“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.” SERAP said.