Electoral Offences: INEC must obey court judgment, says SERAP


° As group threatens legal offensive 

The Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, was on Sunday, asked to 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.

A human rights group, the Socio-Economic Rights and Accountability Project (SERAP), made the request through a statement issued by its deputy director, Kolawole Oluwadare. 

It would be recalled that the judgment was delivered on July 18, 2024, by Justice Obiora Atuegwu Egwuatu following a mandamus suit initiated by SERAP.

Referring to its letter dated September 28, 2024, and signed by its deputy director, Kolawole Oluwadare, SERAP insisted that, “It is unacceptable for INEC to take the court, which is the guardian of justice in this country, for a ride.

“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 learned 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.”

In expressing concerns that the alleged continued 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, SERAP maintained that obeying the court judgment would go a long way in protecting the integrity of the nation’s electoral and legal systems.

“Justice Egwuatu ordered INEC to seek the appointment of an 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,” the group added.

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