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The Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt lawsuit against Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), for his failure to investigate allegations of electoral offenses committed during the 2023 general elections.
SERAP accuses Yakubu of not identifying suspected perpetrators and ensuring their prosecution.
On July 18, 2024, Justice Obiora Atuegwu Egwuatu of the Federal High Court, Abuja, ordered INEC to pursue cases of bribery against state governors and their deputies and to investigate other electoral offenses from the 2023 elections.
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The ruling mandated that INEC seek independent counsel for the investigation of these allegations.
Despite this order, INEC and Professor Yakubu have reportedly failed to comply.
The Federal High Court issued a warning, stating that Yakubu could be “guilty of contempt of Court and liable to be committed to prison” if he does not adhere to the court’s judgment.
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The court notice addressed to Professor Yakubu reads in part: “take notice that unless you obey the Orders contained in the Judgment of the 18th July 2024 made by Justice Egwuatu… you will be guilty of contempt of Court and will be liable to be committed to prison.”
In a statement dated October 27, 2024, signed by SERAP deputy director Kolawole Oluwadare, the organization criticized INEC, stating, “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function if INEC and its chair routinely ignore and/or fail to abide by court orders.”
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The statement continued: “Despite the service of the certified true copy of the judgment on INEC and Professor Yakubu, they have failed and/or refused to obey it.”
It emphasized that the ongoing cases of electoral bribery and violence undermine Nigeria’s electoral process and democracy. Recent allegations of electoral offenses in Edo State suggest that INEC has not learned from the issues that plagued the 2023 elections.
As the upcoming governorship election in Ondo approaches, SERAP urges INEC to address persistent electoral offenses, hold perpetrators accountable, and uphold citizens’ rights to vote and participate politically.
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Justice Egwuatu’s ruling highlighted SERAP’s concerns regarding electoral violence, stating: “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 elections and in the long run credible leaders.”
The judgment further noted, “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.”
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Justice Egwuatu affirmed that SERAP has a legal interest in the enforcement of public duties by INEC, emphasizing that the Electoral Act 2022 outlines specific electoral offenses, including provisions for trial in relevant courts and prosecution by INEC legal officers.
In granting orders against INEC, the judgment stated:
“AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to seek the appointment of independent counsel to investigate allegations of electoral offences including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.”
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“AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.”
“AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to swiftly prosecute all arrested electoral offenders in the just concluded 2023 general election in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission, and other law enforcement agencies.”
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Previously, on July 20, 2024, SERAP requested that Professor Yakubu “use his good offices and leadership position to immediately enforce the judgment ordering INEC to pursue cases of electoral offences including bribery against state governors and their deputies during the chaotic 2023 general elections.”
SERAP’s contempt lawsuit against INEC and Professor Yakubu is filed under section 72 of the Sheriff and Civil Process Act and Order IX, Rule 13 of the Judgment (Enforcement) Rules of Court.
No date has yet been set for the hearing of the contempt suit.
