2023 Election: Court Orders INEC to Hold Govs, Others to Account Over Violence

The Federal High Court sitting in Abuja has ordered the Indepen­dent National Electoral Commis­sion (INEC) to hold Nigeria’s state governors, their deputies and oth­ers to account over cases of elec­toral violence, bribery, vote-buy­ing, and conspiracy during the chaotic 2023 general election.

The court ordered INEC to en­sure the appointment of indepen­dent counsel to investigate cases of electoral violence and other electoral offences against state governors and their deputies during the 2023 general election.

The court also ordered INEC to promptly, thoroughly and effectively investigate cases of electoral violence and other elec­toral offences committed during the 2023 general election and to identify suspected perpetrators and their sponsors and ensure their effective prosecution.

The judgment was delivered last Thursday by Justice Obiora Atuegwu Egwuatu following a mandamus lawsuit number, FHC/ABJ/CS/583/2023, brought by the Socio-Economic Rights and Accountability Project (SERAP).

Justice Egwuatu also or­dered INEC to swiftly prosecute all arrested offenders in the 2023 general election in the custody of the Nigeria Police Force, the Economic and Financial Crimes Commission (EFCC), the Inde­pendent Corrupt Practices and other related offences Commis­sion (ICPC) and other law en­forcement agencies.

In his judgment, Justice Egwuatu held that “I have com­passionately evaluated the depo­sitions in the affidavit of SERAP and I have no reason not to believe the depositions more so when there are documentary evidence in support of the depositions.”

Justice Egwuatu held that: “In the circumstances therefore, I find merit in the application. The sole issue of whether this court ought to grant the relief of judicial review and orders of mandamus is resolved in favour of SERAP. Accordingly, I grant the prayers sought.”

Justice Egwuatu’s judgment, dated July 18 , 2024, reads in part: “Being citizens of this great coun­try, SERAP and its members have the legal interest whose enjoy­ment or enforcement directly or substantially depends on the per­formance of public duty by INEC.

“In requesting the perfor­mance of the public duty im­posed on the electoral body, SERAP has demonstrated a great zeal of patriotism.

“The substance of SERAP’s grouse is the violence associated with elections in Nigeria which tends to prevent citizens from exercising their franchise during elections, thus preventing credi­ble election and in the long run credible leaders.

“There is no gainsaying the fact that electoral violence and the associated crimes committed during elections in Nigeria is a great bane to the development of this country both democratically and economically.

“SERAP has also shown vide exhibit A8, a letter addressed to INEC requesting amongst other things the appointment of inde­pendent counsel to investigate allegations of electoral offences, including bribery, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.

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“Exhibit A8 is thus a distinct and clear demand for the per­formance of the duty made by SERAP. The electoral body till the date of filing the action failed to, refused and or neglected to carry out or perform the duty request­ed by SERAP.

“There is no doubt that the Electoral Act 2022 creates some electoral offences. Sections 123, 124, 125, 126 127, 128 and 129 are some of the provisions of the Electoral Act that created some specific electoral offences.

“Trial of offences created by the Electoral Act are done in a Magistrate Court or a High Court of a state in which the offence is committed, or the Federal Capi­tal Territory, Abuja. See Section 145(1) of the Electoral Act.

“By section 145(2) of the same Act, prosecution for the offences shall be undertaken by legal officers of INEC or any legal practitioner appointed by INEC. Clearly therefore, the law impos­es on INEC the performance of a public duty.

“Section 24(d) and (e) of the Nigerian constitution 1999 [as amended] recognises the rights of citizens to take steps towards advancing the community where he resides.”