Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt lawsuit against the Chairman of the Independent National Electoral Commission (INEC), Prof Mahmood Yakubu, for failing to investigate allegations of electoral offences committed during the 2023 General Elections, identify suspected perpetrators and their sponsors, and ensure their prosecution......See Full Story>>.....See Full Story>>
Recall that Justice Obiora AtuegwuEgwuatu of the Federal High Court, Abuja, on July 18, 2024, ordered INEC to pursue cases of bribery against state governors and their deputies and other electoral offences committed during the 2023 General Elections.
The judge also ordered INEC to seek the appointment of independent counsel to investigate allegations of electoral offences, including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the elections.
But despite the court’s directive, Yakubu and INEC are yet to take action, prompting the court to issue a warning of potential imprisonment for contempt.
The notice to Yakubu reminded him of his obligation to comply with the court’s ruling or face legal consequences.
The notice reads: “Take notice that unless you obey the orders contained in the judgment of July 18, 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 at the weekend, signed by SERAP’s Deputy Director, Kolawole Oluwadare, the organisation noted that it was unacceptable to take the court, the guardian of justice in this country, for a ride, stressing that a democratic state, based on the rule of law, would not exist or function, if INEC and its chair routinely ignored and or failed to abide by court orders.
SERAP urged INEC to address recurring electoral misconduct, which, it argued, hampered credible elections and undermined Nigeria’s democracy.
“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,” the body said.
Justice Egwuatu’s judgment highlighted the detrimental impact of electoral violence on Nigeria’s democratic and economic development. Citing some sections of the Electoral Act and the Nigerian Constitution, the judge underscored INEC’s public duty to prosecute electoral offenders as part of upholding citizens’ rights and advancing the community’s well-being.
SERAP’s suit, based on provisions of the Sheriff and Civil Process Act and relevant court rules, requests that INEC comply with the orders of mandamus issued by the court.
These orders compel INEC to conduct thorough investigations and prosecutions related to the 2023 elections. No date has been fixed for the hearing of the contempt suit.