INEC Chairman Risks Jail Time as SERAP Files Contempt Lawsuit for Failing to Pursue Electoral Offenders

The Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt lawsuit against Prof. Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC)....(CONTINUE READING)

SERAP’s lawsuit is based on a July 18, 2024 court judgment ordering INEC to pursue bribery cases against state governors and deputies, and other electoral offenses

In the ruling, Justice Obiora Atuegwu Egwuatu of the Federal High Court, Abuja ordered INEC “to pursue cases of bribery against state governors and their deputies, and other electoral offences committed during the 2023 general elections.”

Justice Egwuatu 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 2023 general elections.”

However, INEC and Professor Yakubu have failed and/or refused to implement the judgment, SERAP lamented in a statement dated October 27, 2024 and signed by SERAP deputy director Kolawole Oluwadare

The Federal High Court, Abuja in the notice of consequences of disobedience to order of court warned Yakubu that he would be “guilty of contempt of Court and liable to be committed to prison” if he fails “to obey the judgment orders.”

The notice, addressed to Prof. Yakubu, reads in part: “take notice that unless you obey the Orders contained in the Judgment of the 18th July 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.”

The statement reads, “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function, if INEC and its chair routinely ignore and/or fail to abide by court orders.

“Despite the service of the certified true copy of the judgment on INEC and Professor Yakubu, they have failed and/or refused to obey it.

“The recurring cases of electoral bribery and violence make a mockery of Nigeria’s electoral process and participatory democracy. The latest allegations of electoral offences in Edo state show that INEC has learnt little or nothing from the well-documented problems during the 2023 general elections.

“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.”

Justice Egwuatu granted the following orders of mandamus against INEC (the Judgment Debtor): AN ORDER OF MANDAMUS is hereby made directing and compelling 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 2023 general elections.

AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.

AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to swiftly, prosecute all arrested electoral offenders in the just concluded 2023 general election in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies.

SERAP on July 20, 2024 requested Prof. Yakubu to “use his good offices and leadership position to immediately enforce the judgment ordering INEC to pursue cases of electoral offences including bribery against state governors and their deputies during the chaotic 2023 general elections.”

SERAP brought the contempt lawsuit against INEC and Prof. Yakubu pursuant to section 72 of the Sheriff and Civil Process Act and Order IX, Rule 13 of the Judgment (Enforcement) Rules of Court.