SERAP Files Contempt Suit Against INEC Chairman Over Failure to Investigate 2023 Electoral Offences

The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), for allegedly failing to investigate and prosecute electoral offences related to the 2023 general elections. SERAP filed a contempt lawsuit against Professor Yakubu, citing INEC’s lack of action in addressing instances of bribery, vote-buying, and other offences, despite a court mandate to do so.

Justice Obiora Atuegwu Egwuatu of the Federal High Court in Abuja, in a judgment delivered on July 18, 2024, ordered INEC to actively pursue cases of electoral bribery involving state governors, their deputies, and other officials during the 2023 general elections. The court also directed INEC to appoint independent counsel to investigate and ensure accountability for these offences, which have reportedly marred the integrity of Nigeria’s electoral process.

The High Court issued a warning to Professor Yakubu, specifying that failure to comply with the court’s directive could lead to contempt charges and potential imprisonment. In a formal notice addressed to him, the court reiterated the consequences of disobeying its judgment, stressing the gravity of the matter in upholding the rule of law.

SERAP’s Deputy Director, Kolawole Oluwadare, expressed the organization‘s disappointment over the situation, stating, “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride.” He emphasized that INEC’s failure to act on court orders undermines the principles of democracy and the rule of law. SERAP’s position is that without accountability, electoral offences will continue to undermine Nigeria’s democratic process and credibility.

Justice Egwuatu’s ruling touched on the detrimental impact of electoral violence on Nigeria’s political and economic development, stating that such crimes hinder citizens from freely exercising their voting rights. The court underscored that the law requires INEC to perform its duties, as specified under sections of the Electoral Act 2022, which mandate the prosecution of electoral offences. The court further highlighted that sections of the Nigerian Constitution support citizens’ rights to contribute to their community’s well-being and to assist law enforcement in maintaining order.

SERAP’s contempt suit against INEC and Professor Yakubu cites Section 72 of the Sheriff and Civil Process Act, as well as Order IX, Rule 13 of the Judgment (Enforcement) Rules of Court. The lawsuit seeks enforcement of the previous court judgment directing INEC to thoroughly investigate and prosecute cases of electoral violence and misconduct. Ahead of upcoming elections, SERAP stressed that INEC’s compliance with these orders is crucial to preserving citizens’ right to vote and ensuring fair political participation.

No date has been set for the hearing of this contempt suit, but its outcome will likely have significant implications for electoral accountability and justice in Nigeria.