The Socio-Economic Rights and Accountability Project (SERAP) has threatened to sue Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), if the Commission fails to “immediately and effectively enforce the judgment ordering INEC to pursue cases of bribery against state governors and their deputies, and other electoral offenses committed during the 2023 general elections.”
This was disclosed in SERAP’s statement sent to Nairametrics on Sunday, September 29, 2024.
Court Verdict
Recall that Justice Obiora Egwuatu delivered a judgment on July 18, 2024, in favor of SERAP, reportedly ordering INEC to seek the appointment of independent counsel to investigate allegations of electoral offenses, including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.
The court also directed INEC to swiftly prosecute all arrested electoral offenders from the 2023 general election who are in the custody of the Nigeria Police Force, the Economic and Financial Crimes Commission, the Independent Corrupt Practices and Other Related Offences Commission, and other law enforcement agencies.
In a letter dated September 28, 2024, and signed by SERAP Deputy Director Kolawole Oluwadare, the organization stated that it is unacceptable for INEC to allegedly take the court’s verdict for granted.
What SERAP Is Saying
SERAP insisted that the recurring cases of electoral bribery and violence undermine Nigeria’s electoral process and participatory democracy, citing allegations of such offenses in the Edo state governorship poll as reported by several civil society organizations (CSOs) and election observers.
SERAP expressed concern that INEC’s continued failure to obey the court judgment contributes to electoral offenses in several states, as illustrated by the recent governorship election in Edo state and the prevailing impunity for electoral offenses in Nigeria.
“Obeying the court judgment would go a long way in protecting the integrity of our electoral and legal systems.”
“By ignoring the court judgment, INEC under your leadership is violating the provisions of Section 287 of the Nigerian Constitution 1999 [as amended], which imposes a binding obligation on all authorities and persons in Nigeria to comply with the verdicts of all courts,” it stated.
SERAP warned that failure to sue bribery suspects would lead to litigation from the advocacy group.
The letter read in part: “We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider pursuing contempt proceedings against you and INEC for your continuing failure to obey the court judgment.”
“SERAP is concerned that suspected perpetrators of grave electoral offenses, including those in the off-cycle governorship elections in Kogi, Imo, and Bayelsa states, continue to enjoy impunity.”
“Obeying the judgment would prevent and combat allegations of electoral offenses such as those witnessed in the recently concluded governorship election in Edo state and the seriously flawed local government elections in several states.”
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