Electoral offences: Obey court judgment or face contempt charge, SERAP tells INEC chair
CHIGOZIE AMADI
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 judgment ordering INEC to pursue cases of bribery against state governors and their deputies, and other electoral offences committed during the 2023 general elections.”
The judgment was delivered on 18 July, 2024 by Hon. Justice Obiora Atuegwu Egwuatu following a mandamus lawsuit brought by SERAP.
In the letter dated 28 September 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “It is unacceptable for INEC to take 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 latest allegations of electoral offences in Edo state show that INEC has learnt little or nothing from the well-documented problems during the 2023 general elections.”
The letter, read in part: “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.”
“Obeying the court judgment would go a long way in protecting the integrity of our electoral and legal systems.”
“Justice Egwuatu ordered 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.”
“The court also ordered INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.”
“The court further ordered INEC to swiftly prosecute all arrested electoral offenders in the 2023 general election in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies.”
“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.”
“By immediately complying with the judgment, you will show Nigerians that the electoral body is willing and able to end many years of brazen impunity for electoral offences in the country.”
“Obeying the court judgment would reinforce the primacy of the Nigerian Constitution, Electoral Act and the country’s international obligations. The immediate enforcement and implementation of the judgment by INEC will be a victory for the rule of law, fair, representative and violent-free elections in Nigeria.”
“Justice Egwuatu’s judgment in lawsuit number: FHC/ABJ/CS/583/2023, read in part: ‘Being citizens of this great country, SERAP and its members have the legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.’”
“‘In requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.’”
“‘The substance of SERAP’s grouse is the violence associated with elections in Nigeria which tends to prevent citizens from exercising their franchise during elections, thus preventing credible election and in the long run credible leaders.’”
“‘There is no gainsaying the fact that electoral violence and the associated crimes committed during elections in Nigeria is a great bane to the development of this Country both democratically and economically.’”
“‘SERAP has also shown vide exhibit A8, a letter addressed to INEC requesting amongst other things the appointment of independent counsel to investigate allegations of electoral offences, including bribery, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.’”
“‘Exhibit A8 is thus a distinct and clear demand for the performance of the duty made by SERAP. The electoral body till the date of filing the action failed to, refused and or neglected to carry out or perform the duty requested by SERAP.’”
“‘There is no doubt that the Electoral Act 2022 created some electoral offences. Sections 123, 124, 125, 126 127, 128 and 129 are some of the provisions of the Electoral Act that created some specific electoral offences.’”
“‘Trial of offences created by the Electoral Act are done in a Magistrate Court or a High Court of a State in which the offence is committed, or the Federal Capital Territory, Abuja. See Section 145(1) of the Electoral Act.’”
“‘By section 145(2) of the same Act, prosecution for the offences shall be undertaken by legal officers of INEC or any legal practitioner appointed by INEC. Clearly therefore, the law imposes on INEC the performance of a public duty.’”
“‘Section 24(d) and (e) of the Nigerian Constitution 1999 [as amended] recognizes the rights of citizens to take steps towards advancing the community where he resides.’”
“‘The section provides that ‘it shall be the duty of every citizen to-(d) make positive and useful contribution to the advancement of progress and well-being of the community where he resides; (e) render assistance to appropriate and lawful agencies in the maintenance of law and order.’”
