SERAP Sues INEC Chairman for Not Investigating Electoral Offences

By Adedapo Adesanya

The Socio-Economic Rights and Accountability Project (SERAP) has sued Mr Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC) for failing to investigate the allegations of electoral offences committed during the 2023 general elections.

The rights group also said he failed to identify suspected perpetrators and their sponsors and ensure their effective prosecution.

Justice Obiora Atuegwu Egwuatu of the Federal High Court, Abuja had on 18 July 2024 ordered INEC “to pursue cases of bribery against state governors and their deputies, and other electoral offences committed during the 2023 general elections.”

Justice Egwuatu also 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.”

However, INEC and Mr Yakubu have failed and/or refused to implement the judgment.

The Federal High Court, Abuja in the notice of consequences of disobedience to order of court warned the INEC chief that he would be “guilty of contempt of Court and liable to be committed to prison” if he fails “to obey the judgment orders.”

“take notice that unless you obey the Orders contained in the Judgment of the 18th July 2024 made by Justice Egwuatu of the Federal High Court, Abuja in Suit Number: FHC/ABJ/CS/583/2023, a copy of which is hereto attached, you will be guilty of contempt of Court and will be liable to be committed to prison.”

In a statement signed by SERAP deputy director, Mr Kolawole Oluwadare, the organisation said, “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function, if INEC and its chair routinely ignore and/or fail to abide by court orders.”

The statement, read in part: “Despite the service of the certified true copy of the judgment on INEC and Professor Yakubu, they have failed and/or refused to obey it.”

“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.”