SERAP urges INEC boss, Yakubu, to comply with court orders to prosecute election violators or face contempt charges

The 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 decision ordering INEC to pursue bribery cases against state governors and deputies them, and others. election violations committed in the 2023 election.”

The judgment was delivered on July 18, 2024 by Hon. Justice Obiora Atuegwu Egwuatu following the mandamus lawsuit filed by SERAP.

In a letter dated September 28, 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organization said “INEC cannot accept the decision of the court, which is the guardian of justice in the country.”

SERAP said, “Repeated cases of bribery and electoral violence have made a mockery of the electoral process and participatory democracy in Nigeria. Recent allegations of election irregularities in Edo State show that INEC has learned little or nothing from the well-documented problems during the 2023 elections.”

The letter reads in part: “We would be grateful if the recommended actions are taken within seven days of receipt and/or publication of this letter. If we have not heard from you by that time, SERAP will consider initiating contempt proceedings against you and INEC for your continued failure to comply with the court decision.”

The organization further said, “SERAP is concerned that INEC’s failure to comply with court decisions is contributing to election violations in some states, as illustrated by the recently held gubernatorial election in Edo state and impunity for election violations in Nigeria.”

“Complying with the court’s decision will go a long way to protecting the integrity of our electoral and legal systems.

“Justice Egwuatu ordered INEC to appoint an independent advisor to investigate allegations of election violations including bribery, vote buying, conspiracy and undue influence on the state governor and his deputy during the 2023 elections.

“The court also ordered INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral violations committed during the 2023 elections, identify the alleged perpetrators and their sponsors, and ensure effective prosecution of them.

“The court further ordered INEC to immediately prosecute all election violators arrested in the 2023 elections in the custody of the Nigerian Police, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offenses Commission and other law enforcement agencies.

“By ignoring the court ruling, INEC under your leadership violated the provisions of Article 287 of the 1999 Constitution of Nigeria. [as amended] which imposes a binding obligation on all authorities and persons in Nigeria to comply with the decisions of all courts.

“SERAP is concerned that alleged perpetrators of serious election violations including in the off-cycle gubernatorial elections in Kogi, Imo and Bayelsa states continue to enjoy impunity.

“Complying with the decree will prevent and eradicate alleged election irregularities such as those that occurred in the recently concluded governorship election in Edo state and the seriously flawed local government elections in several states.

“Complying with the decision will restore public confidence in Nigeria’s electoral process. This will also ensure compliance with constitutional provisions, international standards and the Election Law.

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“By immediately complying with the decision, you will demonstrate to the Nigerian people that the electoral body is willing and able to end years of impunity for election violations in the country.

“Complying with the court’s decision will strengthen the primacy of the Nigerian Constitution, the Election Law and the country’s international obligations. Immediate enforcement and implementation of the INEC ruling would be a victory for law-based, fair, representative and violence-free elections in Nigeria.

“Judge Egwuatu’s ruling in suit number: FHC/ABJ/CS/583/2023, reads in part: ‘As citizens of this great country, SERAP and its members have legal interests whose enjoyment or enforcement directly or substantially depends on their performance. public duties by INEC.’

“’In requesting the implementation of the public duties imposed on the electoral body, SERAP has demonstrated a great spirit of patriotism.’”

“’The substance of SERAP’s complaint is election-related violence in Nigeria which tends to prevent citizens from exercising their right to vote during elections, thus hindering credible elections and in the long term hindering credible leaders.’”

“’The fact that election violence and related crimes committed during elections in Nigeria cannot be denied has had a detrimental impact on the development of this country, both democratically and economically.’”

“’SERAP has also produced vide exhibit A8, a letter addressed to INEC requesting inter alia the appointment of an independent advisor to investigate allegations of electoral irregularities, including bribery, conspiracy and undue influence against the state governor and his deputy during the 2023 general elections .’”

“’Exhibit A8 thus constitutes a clear and unambiguous claim for the performance of the duties made by SERAP. “Until the date of filing the lawsuit, the General Election Body failed, refused and/or neglected to carry out or carry out the duties requested by SERAP.”

“There is no doubt that the 2022 Election Law gives rise to several election violations. Articles 123, 124, 125, 126 127, 128 and 129 are several provisions in the Election Law which give rise to certain election violations.'”

“’Trial of offenses arising from the Electoral Act shall be conducted in the Magistrate’s Court or High Court of the State where the offense was committed, or the Federal Capital Territory, Abuja. See Article 145(1) of the Election Law.’”

“’Pursuant to section 145(2) of the same Act, prosecution of offenses shall be undertaken by a legal officer of INEC or any legal practitioner appointed by INEC. Therefore, it is clear that the law imposes an obligation on INEC to carry out its public duties.’”

“’Article 24(d) and (e) of the 1999 Constitution of Nigeria [as amended] recognizes the right of citizens to take steps to improve the society in which they live.’”

“’The section states that ‘it is the duty of every citizen to- (d) make a positive and useful contribution to the furtherance of progress and welfare of the society in which he lives; (e) provide assistance to appropriate and lawful bodies in the maintenance of law and order.’”

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