The Socio-Economic Rights and Accountability Project (SERAP) has strongly urged Professor Mahmood Yakubu, the Chairman of the Independent National Electoral Commission (INEC), to take immediate and decisive action following the court's ruling that directs INEC to pursue cases of bribery and other electoral offences committed by state governors, their deputies, and other political actors during the 2023 general elections. The court ruling came after SERAP filed a mandamus lawsuit, emphasizing the need for accountability in electoral processes.
This significant ruling was delivered on July 18, 2024, by Hon. Justice Obiora Atuegwu Egwuatu. Justice Egwuatu ordered INEC to investigate allegations of electoral malpractice and to ensure that independent counsel is appointed to handle these investigations. The aim is to address incidents such as bribery, vote-buying, conspiracy, and undue influence during the elections, particularly against high-ranking political figures like state governors and their deputies.
In a letter dated September 28, 2024, and signed by SERAP deputy director Kolawole Oluwadare, the organization expressed its frustration with INEC's seeming inaction following the court's judgment. SERAP highlighted the importance of accountability in safeguarding Nigeria’s democratic process. The letter pointed out that it is unacceptable for INEC, an institution that should uphold justice and fairness, to disregard the ruling of a competent court.
SERAP emphasized the damaging effect that recurring electoral bribery and violence have on Nigeria's democratic system. The organization noted that these offences undermine the credibility of elections and erode public confidence in participatory democracy. It cited the recent governorship election in Edo state as a further example of how INEC has not learned from the issues that plagued the 2023 general elections.
The letter reads, “We would appreciate it if the necessary steps are taken within seven days of receiving this letter or its publication. Should we not receive a response within that period, SERAP shall take legal steps to initiate contempt proceedings against both you and INEC for your ongoing failure to comply with the court’s judgment.”
SERAP warned that INEC’s continued failure to act in accordance with the court’s directives is contributing to the persistence of electoral offences in various states, as seen in the recent elections in Edo state. The organization highlighted the need for INEC to enforce the law in order to deter further electoral misconduct.
The letter underscored the importance of respecting the court’s ruling, stating that compliance would go a long way in safeguarding the integrity of Nigeria's electoral and legal systems. By obeying the judgment, INEC would not only fulfill its legal obligation but also take a crucial step toward preventing future electoral malpractices and violence.
In his ruling, Justice Egwuatu directed INEC to actively seek the appointment of independent counsel to investigate electoral offences, including bribery, vote-buying, and undue influence involving state governors and their deputies during the 2023 general elections. The court also ordered INEC to thoroughly and effectively investigate all reports of electoral violence and other electoral offences that occurred during the 2023 general elections, to identify the individuals responsible, and to ensure that they are brought to justice.
Furthermore, the court instructed INEC to expedite the prosecution of all individuals who were arrested in connection with electoral offences during the 2023 general elections and who are currently in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offences Commission (ICPC), and other law enforcement agencies.