The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Chairman of the Nigeria’s Independent National Electoral Commission (INEC), Prof Mahmood Yakubu, over his failure to investigate allegations of electoral offences committed during the 2023 general elections, identifying suspected perpetrators and their sponsors, and ensuring their effective prosecution.
In a statement on Sunday by SERAP’s Deputy Director, Kolawole Oluwadare, the advocacy organization stated that despite a court order by Justice Obiora Egwuatu of the Federal High Court, Abuja, on 18 July 2024, INEC has failed to implement the judgement.
According to SERAP, Justice Egwuatu in his ruling, had directed the electoral body to pursue cases of bribery against state governors and their deputies, as well as other electoral offences committed during the 2023 general elections
It noted that the judge also tasked 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,” among others.
“Take notice that unless you obey the orders contained in the judgement of 18 July 2024, made by Justice Egwuatu of the Federal High Court, Abuja, in suit number FHC/ABJ/CS/583/2023, a copy of which is hereto attached, you will be guilty of contempt of court and liable to be committed to prison,” SERAP stated in it’s notice to the electoral commission.
It also warned that it was unacceptable for INEC to ignore or fail to abide by court orders, adding that Nigeria was being mocked for its recurring cases of electoral bribery and violence.
“It’s unacceptable to treat the court, which is the guardian of justice in this country, with disdain. A democratic state based on the rule of law cannot exist or function if INEC and its chairman routinely ignore and/or fail to abide by court orders. Despite the service of the certified true copy of the judgement on INEC and Professor Yakubu, they have failed and/or refused to obey it.
“The recurring cases of electoral bribery and violence mock Nigeria’s electoral process and participatory democracy. The latest allegations of electoral offences in Edo State show that INEC has learnt little or nothing from the well-documented problems of the 2023 general elections.
“The substance of SERAP’s grievance is the violence associated with elections in Nigeria, which tends to prevent citizens from exercising their franchise, thereby obstructing credible elections and, in the long run, credible leadership.
“There is no gainsaying that electoral violence and related crimes during elections in Nigeria are a major impediment to the country’s democratic and economic development. As citizens of this country, SERAP and its members have a legal interest whose enjoyment or enforcement depends on the performance of public duty by INEC.”