INEC Chair Risks Jail Over Alleged Non-Compliance with Electoral Offences Order

• SERAP Files Contempt Lawsuit

The Socio-Economic Rights and Accountability Project (SERAP) has initiated a contempt lawsuit against Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), for allegedly failing to comply with a court directive to investigate and prosecute electoral offences arising from Nigeria's 2023 general elections.

The order, issued by Justice Obiora Atuegwu Egwuatu of the Federal High Court in Abuja on July 18, 2024, mandates INEC to investigate alleged electoral misconduct, including bribery and vote-buying involving state governors, their deputies, and other political figures. 

The court further instructed INEC to appoint an independent counsel to pursue prosecutions where warranted.

The court's warning notes that Professor Yakubu may face imprisonment for contempt should he fail to adhere to this order, stating, “Unless you obey the orders contained in the judgment, you will be guilty of contempt of court and liable to be committed to prison.”

In an October 27, 2024 statement, SERAP Deputy Director Kolawole Oluwadare criticized INEC’s inaction, asserting, “A democratic state based on the rule of law cannot exist if INEC and its chair routinely ignore and fail to abide by court orders.” 

He further emphasized that electoral violence and misconduct remain urgent issues within Nigeria’s political framework.

Justice Egwuatu's ruling also underscored the harm caused by electoral violence to Nigeria’s democratic process, noting that election-related violence obstructs citizens' ability to freely vote, ultimately undermining the credibility of electoral outcomes and effective governance.

The judgment cited relevant sections of the Electoral Act and the Nigerian Constitution, affirming INEC's duty to uphold and enforce electoral laws. 

Despite being served with the court's ruling, SERAP maintains that INEC and Professor Yakubu have yet to take any action.

Filed under the Sheriff and Civil Process Act, SERAP’s lawsuit aims to compel compliance with the court’s directive. 

As of the time of filing this report, no date has been set for the hearing.

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