SERAP Files Contempt Suit Against INEC Boss, Yakubu
The Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt lawsuit against the Chairman of the Independent National Electoral Commission (INEC), Professor Mahmood Yakubu, for allegedly disregarding a court order to investigate and prosecute electoral offences from the 2023 general elections.
Justice Obiora Atuegwu Egwuatu of the Federal High Court, Abuja, issued an order on July 18, 2024, requiring INEC to investigate allegations of electoral offences, including bribery and vote-buying by state governors, their deputies, and other individuals.
The court also directed INEC to appoint an independent counsel to investigate and prosecute these cases.
The Federal High Court’s directive warned that Professor Yakubu could face prison for contempt if he fails to comply.
“Unless you obey the orders contained in the judgment, you will be guilty of contempt of court and liable to be committed to prison,” the verdict read.
In a statement dated October 27, 2024, SERAP’s Deputy Director, Kolawole Oluwadare, criticized INEC’s inaction, stating, “A democratic state based on the rule of law cannot exist if INEC and its chair routinely ignore and fail to abide by court orders.”
SERAP emphasized that recent cases of electoral violence highlight persistent issues within Nigeria’s electoral system.
Justice Egwuatu’s ruling pointed to the damaging impact of electoral violence on Nigerian democracy, adding, “The violence associated with elections prevents citizens from exercising their franchise, thus undermining credible elections and leadership.”
The judgment noted that sections of the Electoral Act, as well as the Nigerian Constitution, impose a duty on INEC to enforce electoral laws.
According to SERAP, despite being served with the court’s judgment, INEC and Professor Yakubu have yet to act.
SERAP’s lawsuit, brought under the Sheriff and Civil Process Act, seeks to enforce compliance.
As of the time of filing this report, no date has been fixed for the hearing of the case.
