The Socio-Financial Rights and Accountability Mission has filed a contempt lawsuit towards the Chairman of the Unbiased Nationwide Electoral Fee, Prof Mahmood Yakubu, for failing to analyze alleged electoral offences within the 2023 common elections.
The organisation acknowledged that, regardless of a court docket order by Justice Obiora Egwuatu of the Federal Excessive Courtroom, Abuja, on 18 July 2024, INEC has “failed and/or refused to implement the judgement.”
This was disclosed in a press release issued by SERAP’s Deputy Director, Kolawole Oluwadare, and made accessible to PUNCH On-line on Sunday, 27 October 2024. Nevertheless, no date has been set for the listening to of the contempt go well with.
In response to SERAP, the choose directed the nation’s electoral fee “to pursue circumstances of bribery towards state governors and their deputies, in addition to different electoral offences dedicated in the course of the 2023 common elections,” and “to hunt the appointment of impartial counsel to analyze allegations of electoral offences, together with bribery, vote-buying, conspiracy, and undue affect towards state governors and their deputies in the course of the 2023 common elections,” amongst others.
SERAP acknowledged that, concerning the discover of penalties of disobedience to the court docket order, the INEC chairman was knowledgeable: “Take discover that until you obey the orders contained within the judgement of 18 July 2024, made by Justice Egwuatu of the Federal Excessive Courtroom, Abuja, in go well with quantity FHC/ABJ/CS/583/2023, a duplicate of which is hereto connected, you can be responsible of contempt of court docket and liable to be dedicated to jail.”
SERAP warned that it was “unacceptable” for INEC to disregard or fail to abide by court docket orders, including that Nigeria was being mocked for its “recurring circumstances of electoral bribery and violence.”
The organisation mentioned, “It’s unacceptable to deal with the court docket, which is the guardian of justice on this nation, with disdain. A democratic state primarily based on the rule of regulation can not exist or operate if INEC and its chairman routinely ignore and/or fail to abide by court docket orders. Regardless of the service of the licensed true copy of the judgement on INEC and Professor Yakubu, they’ve failed and/or refused to obey it.
“The recurring circumstances of electoral bribery and violence mock Nigeria’s electoral course of and participatory democracy. The most recent allegations of electoral offences in Edo State present that INEC has learnt little or nothing from the well-documented issues of the 2023 common elections.”
Forward of the forthcoming governorship election in Ondo, SERAP urged INEC to deal with persistent electoral offences, finish the impunity of perpetrators, and guarantee residents’ proper to vote and political participation.
Quoting Justice Egwuatu’s judgement, the organisation acknowledged, “The substance of SERAP’s grievance is the violence related to elections in Nigeria, which tends to forestall residents from exercising their franchise, thereby obstructing credible elections and, in the long term, credible management.
“There isn’t any gainsaying that electoral violence and associated crimes throughout elections in Nigeria are a significant obstacle to the nation’s democratic and financial growth. As residents of this nation, SERAP and its members have a authorized curiosity whose enjoyment or enforcement depends upon the efficiency of public obligation by INEC.”
SERAP added, “In requesting the efficiency of the general public obligation imposed on the electoral physique, SERAP has proven a robust sense of patriotism. The Electoral Act 2022 created a number of electoral offences. Sections 123, 124, 125, 126, 127, 128, and 129 are a number of the provisions of the Electoral Act that specify particular electoral offences.”
“The trial of offences beneath the Electoral Act is performed in a Justice of the Peace Courtroom or a Excessive Courtroom of the state the place the offence is dedicated, or within the Federal Capital Territory, Abuja. See Part 145(1) of the Electoral Act. By Part 145(2) of the identical Act, prosecution for the offences shall be undertaken by INEC authorized officers or any authorized practitioner appointed by INEC. The regulation, subsequently, mandates INEC to carry out a public obligation.”
In July 2024, the Abuja Federal Excessive Courtroom ordered INEC to carry state governors, their deputies, and others accountable for circumstances of electoral violence, bribery, vote-buying, and conspiracy in the course of the 2023 common elections.
In September 2024, SERAP urged the electoral fee to implement the court docket judgment on the above subject material.
