INEC Sued Over Failure To Prosecute Electoral Offenders In Bayelsa, Kogi, Imo

The Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Independent National Electoral Commission (INEC) over the failure to arrest and prosecute suspected perpetrators of electoral offences in the recently concluded off-cycle governorship elections in Kogi, Imo and Bayelsa States.

Recall that SERAP had last month asked the Chairman of INEC, Professor Mahmood Yakubu, to identify perpetrators and sponsors of electoral offences in the November 11 governorship elections in the three states.

SERAP disclosed this in a statement made available to THE WHISTLER on Sunday.

In the suit number FHC/ABJ/CS/1694/2023 filed on Friday at the Federal High Court in Abuja, SERAP is seeking an order of mandamus to direct and compel INEC to probe the allegations of electoral offences, including electoral violence, in the elections.

The organisation is also seeking an order of mandamus to compel the electoral body to prosecute suspected perpetrators of electoral offences, and bring to justice against anyone who sponsored, aided and abetted them.

SERAP is further seeking an order of mandamus to compel INEC to disclose spending details on the governorship elections, including the specific amount spent to conduct voter and civic education and details of the activities carried out in the three states.

In the suit, SERAP is arguing that granting the reliefs sought would compel INEC to live up to its constitutional and statutory responsibilities and end the impunity of electoral offenders.

According to the organisation, the electoral offences in Bayelsa, Kogi and Imo states governorship show that INEC has learnt little or nothing from the 2023 general elections.

The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Andrew Nwankwo, read in part: “INEC has constitutional and statutory duties to ensure accountability for electoral offences in the country, and to guarantee the effective enjoyment of the citizens’ right to vote in future elections.

“The right to vote is fundamental and is the essence of a democratic society, and any restrictions on that right strike at the heart of representative government. Nigerians should have the final say in the election of governmental officials.

“Nigerians have the right to know how INEC is spending public funds in the discharge of its constitutional and statutory responsibilities. It is in the public interest to compel INEC to publish spending details on the elections in the three states.

“Electoral bribery and violence and other electoral offences undermine the ability of INEC to discharge its responsibilities under Section 153 of the Nigerian Constitution and paragraph 15(a) of the third schedule of the Constitution, and the Electoral Act.

“Allegations of electoral offences during the off-cycle governorship elections in the three states are contrary to the Nigerian Constitution, the Electoral Act and international standards.

“The Nigerian Constitution provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.’

“Sections 121 and 127 of the Electoral Act prohibit electoral bribery and undue influence before, during and after any election. Section 145(2) provides that, ‘a prosecution under this Act shall be undertaken by legal officers of the Commission or any legal practitioner appointed by it’.

“Under section 2(a) and (b), the commission ‘shall have power to conduct voter and civic education and to promote knowledge of sound democratic election processes.’”

“The crisis confronting the country’s elections and lack of public trust and confidence in the electoral process can be addressed if impunity for electoral offences is combated through the arrest and prosecution of suspected perpetrators.

“According to our information, the governorship elections in Kogi, Imo and Bayelsa states witnessed cases of electoral offences including electoral violence, vote-buying, conspiracy, and undue influence.

Meanwhile, no date has been fixed for the hearing of the suit.