The Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt lawsuit against the chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, “for failing to investigate the allegations of electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.”
Justice Obiora Egwuatu of the Federal High Court, Abuja, had on July 18, 2024 ordered INEC to pursue cases of electoral malpractices against state governors, their deputies, and other electoral offences committed during the 2023 general elections.
Justice Egwuatu also ordered INEC to get an independent counsel who will investigate allegations of electoral offences including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the elections.
However, INEC and Professor Yakubu have allegedly failed to implement the judgment, despite notification from SERAP.
In a statement issued by SERAP’s Deputy Director, Kolawole Oluwadare, dated October 27, SERAP said it filed the suit at the Federal High Court, Abuja.
SERAP 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.”
SERAP recalled notifying the INEC chairman that “unless you obey the orders contained in the judgement of 18 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 liable to be committed to prison.”
The statement read in parts; “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.”
“Ahead of the forthcoming governorship election in Ondo, INEC must turn the page on persistent electoral offences, end the impunity of perpetrators, and ensure citizens’ right to vote and political participation.”
“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.”
“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.”
SERAP brought the contempt lawsuit pursuant to section 72 of the Sheriff and Civil Process Act and Order IX, Rule 13 of the Judgment (Enforcement) Rules of Court.
No date has been fixed for the hearing of the suit