2023 Election: The court rejects Mosis INEC trying to put aside the assessment of violators of the election

The Federal High Court sitting in Abuja has rejected the effort by the Independent National Election Commission (Inec) “to override the assessment that directs and forces Inec to investigate and demand perpetrators and sponsors of violence in elections and other election violations carried out during the 2023 election.”

This development was revealed on Sunday by Deputy Director of Collawole Oluwadare.

The Inec application was filed to challenge the humiliation lawsuit filed by the Socio-Economic and Accountability Project (SERAP) to the Chairperson of Inec, Professor Mahmood Yakubu for “the failure of the commission to comply with July 18, 2024 judgment by Judge Obiora Egwuatu.”

Inec on December 17, 2024 submitted an initial objection that tried to override the judge of Judge Egwuatu, with the reason for the alleged “Representation that was wrong, not disclosed and the hiding of material facts.” Inec is also trying to “revive the absorption lawsuit against Inec so that it can be heard and determined based on services.”

But Judge Egwuatu in his decision dated July 23, 2025 rejected the argument of Inec and rejected the initial objection.

In its decision, Judge Egwuatu argued that, “The verdict submitted by the court on July 18, 2024 is the last decision. This is an assessment of the benefits, and not the default decision as maintained by Inec. Therefore, I resolve problems that support absorption and to Inec.”

The 19 pages of the Egwuatu judge, were read in part: “The application by Inec was dismissed due to lack of jurisdiction.”

“The reliefs sought in an application are not facts that are able to be misinterpreted by absorption. This is a provision of law that can be considered the court or is considered in the decision that Inec complained of.”

“If this court misinterphunates a part of the Election Law, 2022, it is the task of an appeal court to correct the same as a decision and not for this court to review his decision and arrive at the conclusion that he mistakenly applies the law in achieving his decision or that absorbing the facts in front of the court.”

“The verdict submitted by the court on July 18, 2024 delivered based on services, can be reviewed by this court only with the doctrine of the slip rules.”

“In the instant application, Inec does not argue that there are mistakes or slip, negligence or unintentional mistakes that the court wants to overcome but try to override the assessment on the grounds that the decision failed. Unfortunately for Inec, this is not a situation here.”

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“The court cannot, based on ‘bureaucratic congestion and administrative challenges in Inec’ transmitting the verdict submitted after the compassional consideration of the evidence placed before the court, becomes the default decision.”

“The decision on services can only be set aside or canceled in an appeal court. Thus, the Inec solution is located in the appeal court and not in this court.”

“The law was completed that once the court gave his assessment, he became a function officio except to correct some errors or administrative mistakes.”

“I have a firm view that this court is Functus Officio as an exception to the rules for inspiring this court with jurisdiction to entertain the Inec application less on the facts of this case. The rationale for becoming Functus Officio is that this court will not be allowed to sit compared to his own decision that does not have the power to do it.”

“Because it is not necessary to continue to decide the benefits of the same application will be a waste of valuable judicial time and court resources.”

“Someone who has been served by a court process cannot be forced to maintain the lawsuit if he does not want to. After the court is satisfied that the opportunity has been offered to the defendant to maintain the action and he chose not to do it, he could not be heard and then said that he was rejected by a just trial.”

“In this case, it was not rejected by Inec that the court origin process was served on it before the substantive application was debated and the assessment was included.

“The court was also in the verdict submitted on July 18, 2024 found that Inec even though it was served with a motion that came from a failed notification, was rejected and or ignored to submit any process in the opposition.”

“The court then lovingly considering the absorbent application by considering the written statement in the support and exhibition attached including the written address and finally submit the assessment. The verdict submitted was an assessment of services.”

Deputy Director of Collawole Oluwadare, said, “We welcome the decision of the Egwuatu judge as a victory for the rule of law. Inec must immediately comply with the assessment. Democratic state based on the rule of law cannot exist or function if Inec and the chair routinely ignore and/or failed to comply with the final assessment of the court.”

“Cases of bribery and repeated election violence make the nigerian selection process mockery and participatory democracy. Inec must change the page on continuous election violations, end the perpetrators’ impunity, and ensure the right of citizens to vote and political participation.”

This case was postponed until October 20, 2025 for a lawsuit for insulting Inec.