Abuja, Nigeria – In a landmark ruling, the Federal High Court in Abuja has directed the Independent National Electoral Commission (INEC) to hold state governors and their deputies accountable for electoral violence, bribery, vote-buying, and conspiracy during the 2023 general elections.
The court’s directive comes following a mandamus lawsuit filed by the Socio-Economic Rights and Accountability Project (SERAP). Justice Obiora Egwuatu, who delivered the judgment, ordered INEC to appoint independent counsel to investigate the alleged electoral offences and ensure thorough prosecution of the identified perpetrators and their sponsors.
Details of the Judgment
The judgment, issued last Thursday, mandates INEC to:
- Investigate Electoral Violence: Promptly and effectively investigate cases of electoral violence and other related offences during the 2023 elections.
- Appoint Independent Counsel: Ensure the appointment of independent counsel to investigate allegations against state governors and their deputies.
- Prosecute Offenders: Swiftly prosecute all individuals arrested for electoral offences in custody of law enforcement agencies, including the Nigeria Police Force and the Economic and Financial Crimes Commission (EFCC).
Justice Egwuatu emphasized the importance of addressing electoral violence and upholding citizens’ rights to free and fair elections. He acknowledged the substantial documentary evidence provided by SERAP and stated, “The substance of SERAP’s grouse is the violence associated with elections in Nigeria, which tends to prevent citizens from exercising their franchise, thus preventing credible elections and credible leaders.”
Legal and Civic Implications
The ruling underscores the public duty imposed on INEC by the Electoral Act 2022 to prosecute electoral offences. Justice Egwuatu highlighted the specific provisions of the Electoral Act that outline these offences and the constitutional duty of citizens to advance the progress and well-being of their community.
In response to the judgment, SERAP’s Deputy Director, Kolawole Oluwadare, hailed the decision as a significant milestone for electoral justice in Nigeria. “This groundbreaking judgment is an important milestone for Nigerians’ right to free and fair elections and for victims of electoral offences in their search for justice, truth, and reparations.”
Call to Action
SERAP has urged INEC to immediately comply with the court orders and collaborate with relevant law enforcement agencies to ensure justice is served. The organization emphasized that implementing the judgment would restore public trust in Nigeria’s electoral process and break the cycle of impunity for electoral offences.
In a letter to INEC Chairman, Prof. Mahmood Yakubu, SERAP called for swift action to uphold the rule of law and reinforce Nigeria’s commitment to fair and credible elections. The letter read, in part: “We urge you to approach the Chief Justice of the Federation for the authorization of an independent counsel to investigate cases of electoral offences against governors and their deputies during the 2023 general elections, as ordered by the court.”
Conclusion
The court’s ruling marks a pivotal moment in Nigeria’s democratic process, emphasizing the need for accountability and transparency in elections. As the nation looks forward to future elections, the effective implementation of this judgment will be crucial in ensuring the integrity of the electoral process and upholding the rights of all Nigerian citizens.
