SERAP Drags INEC Chairman To Court For Failing To Go After Electoral Offenders

The Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt lawsuit against Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), over his failure to investigate alleged electoral offences from the 2023 general elections.

These allegations include bribery, vote-buying, and other electoral misconduct reportedly involving state governors and their deputies.

Justice Obiora Atuegwu Egwuatu of the Federal High Court in Abuja had, on July 18, 2024, ordered INEC to pursue these cases of alleged electoral malpractices.

He mandated that independent counsel be appointed to investigate and prosecute those suspected of such offences.

Despite the court’s directive, Professor Yakubu and INEC have yet to take action, prompting the court to issue a warning of potential imprisonment for contempt.

The notice to Professor Yakubu reminded him of his obligation to comply with the court’s ruling or face legal consequences.

In a statement issued by SERAP on October 27, 2024, Deputy Director Kolawole Oluwadare criticized INEC’s inaction, emphasizing that disregard for court orders undermines Nigeria’s rule of law.

SERAP urged INEC to address recurring electoral misconduct, which it argues hampers credible elections and undermines Nigeria’s democracy.

Justice Egwuatu’s judgment highlighted the detrimental impact of electoral violence on Nigeria’s democratic and economic development. Citing sections of the Electoral Act and the Nigerian Constitution, he underscored INEC’s public duty to prosecute electoral offenders as part of upholding citizens’ rights and advancing the community’s well-being.

SERAP’s lawsuit, 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 yet been set for the contempt suit hearing.