Federal High Court Orders INEC to Investigate, Prosecute Electoral Offenders.
The Federal High Court, Abuja, has ordered the Independent National Electoral Commission to investigate and prosecute governors, their deputies, and others implicated in electoral violence, bribery, vote-buying, and conspiracy during the 2023 general elections. It was passed the last Thursday by Justice Obiora Egwuatu, following the suit filed by Socio-Economic Rights and Accountability Project.
He ordered that INEC should engage private counsel to investigate these electoral offences, more particularly against state governors and their deputies. The Court held that thorough investigations must be carried out to identify perpetrators and their sponsors, so as to ensure that all the offenders now in custody are promptly prosecuted.
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Justice Egwuatu held that, indeed, the claims by SERAP were supported by documentary evidence and had merit. According to the judgment, “Being citizens of this great country, SERAP and its members have the legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.” He commended the patriotism of SERAP in coming to court to seek an order for the implementation of such public duty.
The judgment read, “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 election and in the long run credible leaders.” This came after the democratic and economic development in Nigeria had been so much highlighted as impacted by electoral violence.
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By implication, the court’s judgment is that INEC has legal obligations in line with the Electoral Act 2022, which stipulates a list of specific electoral offences and what prosecutorial actions should be taken. There are various electoral offences from sections 123 to 129 of the Act, and Section 145 states the judicial venues for trying these offences and, very importantly, mandates INEC to prosecute same.
All the powers of the court under the Federal High Court, Civil Procedure Rules, 2019, in making orders of mandamus, prohibition, or certiorari were alluded to. Justice Egwuatu further explained that an order of mandamus needs the performance of a public duty by a government body, department, or official if such a duty was not rendered.
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It was, therefore, the unchallenged depositions in SERAP’s affidavit that stood, prompting Justice Egwuatu to say: “Where depositions on material facts in an affidavit in support of an application are not denied by the adverse party filing a counter-affidavit, such facts not denied in the affidavit in support remain correct position and the court acts on them except they are moonshine.”
SERAP, in an open letter dated July 20, 2024, sent to the Chairman of INEC, Prof Mahmood Yakubu, asked that the Commission should comply immediately with the judgment of the court. In the letter signed by its deputy director, Kolawole Oluwadare, it drew the attention of INEC to the fact that it needs to act in adherence to the rule of law and engage the support and collaboration of all relevant law enforcement agencies in prosecuting electoral offenders.
According to the open letter by SERAP, “INEC’s immediate enforcement and implementation of the judgment would be a victory for the rule of law, for fair, representative, and violent-free elections in Nigeria. It would further help in advancing the rights of Nigerians to freely participate in their own government.”.
The organization, however, harped on the fact that when the judgment is adequately complied with, it would mean INEC is joining the quest to end impunity for electoral offences and ensure public trust in the nation’s electoral process. SERAP expects an affirmatory response to this from INEC, stressing that “this will be a significant step in the quest for electoral reform and to ensure INEC’s independence and authority.”.
