Comply With Court Judgment On Electoral Offenses Or Face Contempt – SERAP Warns INEC Chair

The Socio-Economic Rights and Accountability Project (SERAP) has called on Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), to immediately comply with a court ruling ordering the commission to address allegations of electoral offences.

Naija News reports that these electoral offenses include Bribery, involving state governors, their deputies, and other officials from the 2023 general elections.

The judgment, delivered on July 18, 2024, by Justice Obiora Atuegwu Egwuatu, followed a lawsuit filed by SERAP.

In a letter dated September 28, 2024, signed by SERAP’s deputy director, Kolawole Oluwadare, the organization emphasized that INEC’s failure to implement the judgment would undermine the credibility of the judiciary and the country’s democratic process.

SERAP expressed concern over repeated incidents of electoral bribery and violence, citing recent developments in Edo State.

The warned that if INEC does not take appropriate action within seven days, it would initiate contempt proceedings against Yakubu and INEC.

The letter outlined the importance of enforcing the court’s ruling, stating, “Obeying the court judgment would go a long way in protecting the integrity of our electoral and legal systems and demonstrate that INEC is committed to ending the culture of impunity for electoral offenses.”

Justice Egwuatu had ordered INEC to appoint independent counsel to investigate allegations of electoral misconduct, including vote-buying and undue influence during the 2023 elections.

The court also instructed INEC to work with law enforcement agencies to prosecute offenders and recover evidence of electoral malpractices.

SERAP emphasized that failure to comply with the ruling violates Section 287 of the Nigerian Constitution, which mandates that all court judgments must be adhered to by authorities.

The also highlighted that ongoing electoral offenses, such as those seen in the Kogi, Imo, and Bayelsa governorship elections, continue to tarnish Nigeria’s democracy.

The group urged Yakubu to demonstrate leadership by implementing the court’s decision and ensuring that electoral offenses are thoroughly investigated and pursued to restore public confidence in Nigeria’s electoral process.

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.

“SERAP is concerned that the continuing failure by INEC to obey the court judgment is contributing to electoral offenses in several states, as illustrated by the recently held governorship election in Edo state and impunity for electoral offenses in Nigeria.

“Obeying the court judgment would go a long way in protecting the integrity of our electoral and legal systems.

“Justice Egwuatu ordered INEC to seek the appointment of independent counsel to investigate allegations of electoral offenses 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 offenses 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 Offenses 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.

“SERAP is concerned that suspected perpetrators of serious electoral offenses including in the off-cycle governorship elections in Kogi, Imo and Bayelsa states continue to enjoy impunity.

“Obeying the judgment would prevent and combat allegations of electoral offenses such as those witnessed in the recently concluded governorship election in Edo state and the seriously flawed local government elections in several states.

“Obeying the judgment will restore public trust and confidence in Nigeria’s electoral process. It will also ensure compliance with constitutional provisions, international standards and the Electoral Act.

“By immediately complying with the judgment, you will show Nigerians that the electoral body is willing and able to end many years of brazen impunity for electoral offenses in the country.

“Obeying the court judgment would reinforce the primacy of the Nigerian Constitution, Electoral Act and the country’s international obligations. The immediate enforcement and implementation of the judgment by INEC will be a victory for the rule of law, fair, representative and violent-free elections in Nigeria.

“Justice Egwuatu’s judgment in lawsuit number: FHC/ABJ/CS/583/2023, read in part: ‘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.

“The substance of SERAP’s grouse is the violence associated with elections in Nigeria which tends to prevent citizens from exercising their franchise during elections, thus preventing credible elections and in the long run credible leaders.

“There is no gainsaying the fact that electoral violence and the associated crimes committed during elections in Nigeria is a great bane to the development of this Country both democratically and economically.

“SERAP has also shown vide exhibit A8, a letter addressed to INEC requesting amongst other things the appointment of independent counsel to investigate allegations of electoral offences, including bribery, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.

“Exhibit A8 is thus a distinct and clear demand for the performance of the duty made by SERAP. The electoral body until the date of filing the action failed to, refused and or neglected to carry out or perform the duty requested by SERAP.

“There is no doubt that the Electoral Act 2022 created some electoral offenses. Sections 123, 124, 125, 126 127, 128 and 129 are some of the provisions of the Electoral Act that created some specific electoral offenses.

“Trial of offenses created by the Electoral Act are done in a Magistrate Court or a High Court of a State in which the offense 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 offenses 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 they reside.

“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 legal agencies in the maintenance of law and order.”

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