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For allegedly failing to investigate allegations of electoral violence and other electoral offences including bribery against some state governors and their deputies during the 2023 elections, a Lagos-based rights group, Socio-Economic Rights and Accountability Project (SERAP) has instituted a legal action against the Independent National Electoral Commission (INEC).
According to its suit designated FHC/ABJ/CS/583/2023 filed last Friday before the Federal High Court, Abuja, SERAP is asking the court for, “An order of mandamus compelling INEC to seek the appointment of an independent counsel to investigate allegations of electoral offences against state governors and their deputies during the 2023 elections.”
The group is further seeking "An order of mandamus compelling INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.”
It equally wants "An order of mandamus directing and compelling INEC to prosecute all arrested electoral offenders in the 2023 general election in the custody of law enforcement and anti-corruption agencies.”
SERAP in its legal offensive is contending that by allegedly engaging in electoral violence and other electoral offences in so blatant a fashion, suspected perpetrators and their sponsors have acted in violation of constitutional provisions, international standards and the Electoral Act.
It suggested that Identifying, arresting, investigating and prosecuting any politicians and their sponsors suspected to be responsible for electoral offences during the elections would end the impunity of perpetrators, adding that It would also advance Nigerians’ right to freely participate in their government.
The group added that “Addressing the brazen impunity and reports of electoral violence and other electoral offences during the 2023 general elections would also send a strong message to politicians that they would be held to account for any infringement of the electoral process.”
The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Andrew Nwankwo and Ms Blessing Ogwuche, read in part: “Election violence is a threat to fair and representative elections.
“Section 52 of the Independent Corrupt Practices and Other Related Offences Act allows INEC to seek the appointment of an independent counsel to probe allegations of electoral violence and other electoral offences that may have been committed by any state governors and/or their deputies.
“Electoral violence and other electoral offences reportedly committed during the 2023 general elections are contrary to the express provisions of the Nigerian Constitution 1999 [as amended], the Electoral Act and international standards.
“The Nigerian Constitution provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.’
“Sections 121 and 127 of the Electoral Act prohibit electoral bribery and undue influence before, during and after any election.
“Section 145(2) provides that, ‘a prosecution under this Act shall be undertaken by legal officers of INEC or any legal practitioner appointed by it.’ Under section 2(b), the commission ‘shall have the power to promote knowledge of sound democratic election processes.’”
No date has been fixed for the hearing of the suit.
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