SERAP drags INEC to court over failure to investigate allegations of electoral violence and other electoral offences against governors
The Socio-Economic Rights and Accountability Project (SERAP) has sued the Independent National Electoral Commission (INEC) over “the failure to investigate allegations of electoral violence and other electoral offences, including bribery, against some state governors and their deputies during the 2023 elections.”
SERAP had asked the INEC to urgently appoint an independent counsel to investigate allegations of electoral violence and bribery against state governors during the just concluded general elections.
SERAP warned the electoral commission to promptly identify and arrest perpetrators of electoral violence or risk lawsuits.
“We would be grateful if immediate steps are taken to implement the recommended measures within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider appropriate legal actions to compel INEC to comply with our request in the public interest,” the organisation said.
SERAP, in a statement made available on Sunday, April 30, said it was asking the court for “an order of mandamus compelling INEC to seek the appointment of independent counsel to investigate allegations of electoral offences against state governors and their deputies during the 2023 elections.”
In the suit number FHC/ABJ/CS/583/2023 filed on Friday, April 28, at the Federal High Court, Abuja, SERAP is also seeking “an order of mandamus compelling INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.”
The organisation argued that suspected perpetrators and their sponsors had “clearly” acted in violation of constitutional provisions, international standards and the Electoral Act by allegedly engaging in electoral violence and other electoral offences “in so blatant a fashion.”
SERAP is arguing that “identifying, arresting, investigating and prosecuting any politicians and their sponsors suspected to be responsible for electoral offences during the elections would end the impunity of perpetrators. It would also advance Nigerians’ right to freely participate in their own government.”
According to SERAP, addressing the brazen impunity and reports of electoral violence and other electoral offences during the 2023 general elections would send a strong message to politicians that they would be held to account for any infringement of the electoral process.
The suit, filed on behalf of SERAP by its lawyers, Kolawole Oluwadare, Andrew Nwankwo and Blessing Ogwuche, read in part, “Election violence is a threat to fair and representative elections.
“Election violence is inconsistent and incompatible with the principles of democracy, the rule of law, transparency and accountability for politicians to allegedly use violence to disrupt the electoral process.
“Section 52 of the Independent Corrupt Practices and Other Related Offences Act allows INEC to seek the appointment of an independent counsel to probe allegations of electoral violence and other electoral offences that may have been committed by any state governors and/or their deputies.
“When politicians and their sponsors decide to engage in electoral violence and other electoral offences rather than contest fairly for people’s votes, there are possibilities that such politicians will show a disregard for democratic rules, and a disposition to adopt illegal means becomes inevitable.
“Ending impunity for electoral violence and other electoral offences would promote accountability of suspected perpetrators and their sponsors, ensure justice for victims, and ultimately advance the people’s right to vote, as well as bolster voter confidence in the electoral process.
“Electoral violence and other electoral offences reportedly committed during the 2023 general elections are contrary to the express provisions of the Nigerian Constitution 1999 [as amended], the Electoral Act and international standards.
“The Nigerian Constitution provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.’
“Sections 121 and 127 of the Electoral Act prohibit electoral bribery and undue influence before, during and after any election.
“Section 145(2) provides that, ‘a prosecution under this Act shall be undertaken by legal officers of INEC or any legal practitioner appointed by it.’ Under section 2(b), the commission ‘shall have power to promote knowledge of sound democratic election processes.’
“According to a report by the Centre for Democracy and Development (CDD), several polling units recorded violence and/or fighting across the country.
“These violent incidents were often focused in political strongholds of opposition or perceived opponents, which suggest that the use of BVAS – which limits overvoting when properly used – has resulted in a more concerted effort to stymie citizens casting their votes in opponent’s strongholds.
“Similar incidents of intimidation were reported in the six geo-political zones.
“In several states, political thugs, apparently with the support of law enforcement officials, disrupted and sent back voters intending to vote for opposition parties. Party agents were reported to be directing people who to vote for, while those unwilling to do as directed were denied ballot papers and forced to leave the polling units.
“There were reports of destruction of used ballot papers and vandalization of entire polling units in some states. Violence was also used to target BVAS machines in order to disrupt the process and ensure the cancellation of results.
“According to the CDD, there are reports of vote-trading in zones across the country, with both cash and goods used by all political parties in an effort to entice voters to cast their ballots at their direction. The CDD noted vote buying at polling units during the elections across the country.”
