The Socio-Economic Rights and Accountability Project (SERAP) has called on Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), to urgently comply with a court ruling directing the commission to investigate and address allegations of electoral offences, including bribery, vote-buying, and undue influence, involving state governors, deputies, and other officials during the 2023 general elections.
Delivered on July 18, 2024, by Justice Obiora Atuegwu Egwuatu, the judgment followed a lawsuit initiated by SERAP, seeking accountability for electoral misconduct. In a letter dated September 28, 2024, signed by SERAP’s deputy director, Kolawole Oluwadare, the organization stressed that INEC’s failure to implement the judgment would undermine the judiciary’s credibility and Nigeria’s democratic integrity.
SERAP warned that if INEC does not take appropriate action within seven days, it will pursue contempt proceedings against Professor Yakubu and the commission. The group highlighted ongoing electoral misconduct, including incidents in Edo State, as proof of the persistent problem.
“Obeying the court judgment would go a long way in protecting the integrity of our electoral and legal systems and demonstrate that INEC is committed to ending the culture of impunity for electoral offences,” SERAP noted in the letter.
Justice Egwuatu’s ruling mandates that the INEC appoint an independent counsel to investigate electoral offences from the 2023 elections and collaborate with law enforcement agencies to prosecute offenders. The court order also instructs the commission to recover evidence of electoral malpractices and prosecute individuals already in custody for such offences.
SERAP pointed out that ignoring the ruling violates Section 287 of the Nigerian Constitution, which requires authorities to comply with court judgments. It also criticized INEC’s inaction as contributing to electoral offences, such as those witnessed in recent off-cycle elections in Kogi, Imo, and Bayelsa states.
The letter emphasized the necessity of implementing the judgment to restore public trust in Nigeria’s electoral system, asserting that failure to act would perpetuate impunity for electoral offences and erode public confidence in future elections.
“We would be grateful if the recommended measures are taken within seven days of the receipt and 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,” the letter read.
SERAP further urged Professor Yakubu to demonstrate leadership by promptly complying with the court’s decision and ensuring that electoral offences are thoroughly investigated and prosecuted, emphasizing that doing so would reinforce the rule of law and protect Nigeria’s democracy from further decline.
