The court ordered the KPU to investigate and prosecute perpetrators of electoral violence in the 2023 election.

The Abuja-based Federal High Court, in a groundbreaking ruling, has ordered the Independent National Electoral Commission (INEC) to hold Nigerian state governors, their deputies and others accountable for alleged electoral violence, bribery, vote-buying and conspiracy during the chaotic 2023 general elections.

For the first time, the court ordered the KPU to ensure “the appointment of an independent counsel to investigate cases of election violence and other electoral violations against state governors and their deputies during the 2023 general elections.”

The court also ordered the KPU to “immediately, thoroughly, and effectively investigate cases of election violence and other election violations that occurred during the 2023 election, as well as identify the alleged perpetrators and their supporters, and ensure effective prosecution of them.”

The ruling was delivered last Thursday by Honourable Justice Obiora Atuegwu Egwuatu following a writ of mandamus suit number: FHC/ABJ/CS/583/2023, filed by the Socio-Economic Rights and Accountability Project (SERAP).

Justice Egwuatu also ordered the Electoral Commission “to immediately prosecute all perpetrators of criminal acts arrested in the 2023 elections who are in the custody of the Nigerian State Police, the Anti-Corruption and Economic and Financial Crimes Commission (KPKEK) and other law enforcement agencies.”

In his ruling, Justice Egwuatu opined that, “I have evaluated with compassion the statement in the SERAP affidavit and I have no reason to disbelieve the statement, especially when there is documentary evidence to support the statement.”

Justice Egwuatu also stated that, “Therefore, in the circumstances, I find merit in the petition. The only issue is whether this Court should grant the relief of judicial review and the writ of mandamus is decided in favor of SERAP. I therefore grant the petition sought.”

Justice Egwuatu’s judgment, dated July 18, 2024, reads in part: “As citizens of this great country, SERAP and its members have legal interests the fulfilment or enforcement of which directly or substantially depends on the performance of their public duties by INEC.

“In requesting the implementation of public duties assigned to the electoral body, SERAP has demonstrated a great spirit of patriotism.

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“The essence of SERAP’s complaint is that violence associated with elections in Nigeria tends to deter citizens from exercising their right to vote in elections, thereby hindering the creation of credible elections and ultimately credible leaders.

“There is no denying that electoral violence and related crimes committed during elections in Nigeria are a major blight on the development of the country both democratically and economically.

“SERAP has also presented exhibit A8, a letter addressed to the KPU which among other things requested the appointment of an independent legal advisor to investigate alleged election violations, including bribery, conspiracy and undue influence on state governors and their deputies during the 2023 general elections.

“Thus, Exhibit A8 is a clear and firm demand for the implementation of the tasks made by SERAP. Until the date of filing the lawsuit, the election institution failed, refused, and/or neglected to carry out or implement the tasks requested by SERAP.

“There is no doubt that the 2022 Election Law creates a number of election violations. Articles 123, 124, 125, 126, 127, 128, and 129 are some of the provisions of the Election Law that create a number of specific election violations.

“Trial for offences created by the Electoral Act shall be in the Magistrates Court or the High Court of the state in which the offence was committed, or the Federal Capital Territory, Abuja.”

The judge went on to state that based on the articles in the same Law, prosecution for such violations would be carried out by KPU legal officials or legal practitioners appointed by the KPU. “Therefore, it is clear that the law imposes the implementation of public duties on the KPU.”

Responding to the ruling, SERAP deputy director Kolawole Oluwadare said: “This landmark ruling is a significant milestone for the right of Nigerians to free and fair elections, and for victims of electoral irregularities to seek justice, truth and redress for the crimes committed during the 2023 general elections.

“Justice Egwuatu’s ruling now serves as a binding precedent for the Electoral Commission to immediately uphold justice for those who suffered gross violations in the 2023 Nigerian elections.”

Court orders Electoral Commission to investigate, prosecute perpetrators of electoral violence during 2023 polls first appeared on Latest Nigeria News | Headlines from Ripples Nigeria.