Connect with us

Politics

Court Orders INEC To Hold States’ CSOs, Others To Account Over 2023 Election Violence

Published

on

 

The Federal High Court sitting in Abuja, in a groundbreaking judgment, has ordered the Independent National Electoral Commission (INEC) to hold Nigeria’s state governors, their deputies and others to account over cases of electoral violence, bribery, vote-buying, and conspiracy during the chaotic 2023 general elections.

The judgment was delivered last Thursday by Hon. Justice Obiora Atuegwu Egwuatu following a mandamus lawsuit number: FHC/ABJ/CS/583/2023, brought by the Socio-Economic Rights and Accountability Project (SERAP).

The court ordered INEC to ensure “the appointment of independent counsel to investigate cases of electoral violence and other electoral offences against state governors and their deputies during the 2023 general elections.”

The court also ordered INEC to “to promptly, thoroughly and effectively investigate cases of electoral violence and other electoral offences committed during the 2023 general elections and to identify suspected perpetrators and their sponsors and ensure their effective prosecution.”

READ ALSO: SERAP Drags CBN On N100bn Dirty Notes, Other Missing Public Funds

Justice Egwuatu also ordered INEC “to swiftly prosecute all arrested offenders in the 2023 general elections in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission (EFCC) Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies.”

In his judgment, Justice Egwuatu held that, “I have compassionately evaluated the depositions in the affidavit of SERAP and I have no reason not to believe the depositions more so when there are documentary evidence in support of the depositions.”

Justice Egwuatu also stated that, “In the circumstances therefore, I find merit in the application. The sole issue of whether this Court ought to grant the relief of judicial review and orders of mandamus is resolved in favour of SERAP. Accordingly, I grant the prayers sought.”

Justice Egwuatu’s judgment, dated 18 July, 2024, read in part: “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.

“In requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.

“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.

“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.

“SERAP has also shown vide exhibit A8, a letter addressed to INEC requesting amongst other things the appointment of independent counsel to investigate allegations of electoral offences, including bribery, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.

“Exhibit A8 is thus a distinct and clear demand for the performance of the duty made by SERAP. The electoral body till the date of filing the action failed to, refused and or neglected to carry out or perform the duty requested by SERAP.

“There is no doubt that the Electoral Act 2022 creates some electoral offences. Sections 123, 124, 125, 126 127, 128 and 129 are some of the provisions of the Electoral Act that created some specific electoral offences.

“Trial of offences created by the Electoral Act are done in a Magistrate Court or a High Court of a State in which the offence is committed, or the Federal Capital Territory, Abuja. See Section 145(1) of the Electoral Act.

“By section 145(2) of the same Act, prosecution for the offences shall be undertaken by legal officers of INEC or any legal practitioner appointed by INEC. Clearly therefore, the law imposes on INEC the performance of a public duty.

“Section 24(d) and (e) of the Nigerian Constitution 1999 [as amended] recognizes the rights of citizens to take steps towards advancing the community where he resides.

“The section provides that ‘it shall be the duty of every citizen to-(d) make positive and useful contribution to the advancement of progress and well-being of the community where he resides; (e) render assistance to appropriate and lawful agencies in the maintenance of law and order.

“By the provision of order 34 of the Federal High Court (Civil Procedure) Rules, 2019, this court is empowered to grant an order of mandamus, prohibition or certiorari in the manner set out in the order.

“On an application for judicial review, any relief mentioned in rule 1 of order 34 may be claimed as an alternative or in addition to any other relief so mentioned if it arises out of, relates to or is connected with the same matter.

“An order mandamus lies to compel the performance of a public duty at the instance of a person who has sufficient legal interest in the performance of that public duty.

“Where a public duty is imposed on a public or government body, authority, department or official and the authority, department or official refuses or fails to perform that duty, an order of mandamus would issue to compel that body, authority, department or official to carry out that duty in respect of a person whose interest is directly and substantially affected by the refusal or failure to perform that duty.

“I must say that the entirety of the facts deposed to by SERAP were not controverted by INEC. It is trite that depositions in affidavit on material facts resolve applications in court. 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.

“While it is generally well settled that unopposed averments in an affidavit will be deemed admitted, it is also trite that the court has a duty to evaluate the unopposed averments and determine whether, as they stand, they justify the grant of the reliefs sought.

“The mere fact that the averments are not denied does not mean that the court must accept them without more. The averments, even if accepted by the court must be cogent and credible. If the court is not so satisfied, the application will be refused.”

The deputy director, SERAP, Kolawole Oluwadare said, “This ground-breaking 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 for the crimes which took place during the 2023 general elections.

“Justice Egwuatu’s judgment now provides a binding precedent for INEC to immediately pursue justice for those who suffered egregious abuses in Nigeria’s 2023 general elections. We commend Justice Egwuatu for his wisdom and courage, and his landmark decision.

“Respecting and implementing Justice Egwuatu’s judgment is imperative for protecting the rights of Nigerians to a free and fair election and reinforcing the primacy of the Nigerian Constitution, Electoral Act and the country’s international obligations.

“We urge INEC to immediately obey the court orders. The effective enforcement of Justice Egwuatu’s judgment will break with decades of impunity for electoral offences in Nigeria.”

In the letter dated 20 July 2024 sent to Chairman, INEC, Prof Mahmood Yakubu, on the judgment, and signed by Oluwadare, the organization said, “We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court.”

The SERAP’s letter, read in part, “We urge you to approach the Chief Justice of the Federation as required under section 52 of the Independent Corrupt Practices and Other Related Offences Act 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.

“We also urge you to work closely with the Nigeria Police Force, Economic and Financial Crimes Commission (EFCC) Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies to prosecute the perpetrators and sponsors of electoral offences during the 2023 general elections, as ordered by the court.

“The immediate enforcement and implementation of the judgment by INEC will be a victory for the rule of law, fair, representative and violent-free elections in Nigeria. It would also advance Nigerians’ right to freely participate in their own government.

“By immediately complying with the judgment, you will show Nigerians that the electoral body is willing and able to end many years of brazen impunity for electoral offences in the country.

“Immediately implementing the judgment will restore public trust and confidence in Nigeria’s electoral process. It will also ensure compliance with constitutional provisions, international standards and the Electoral Act.

“SERAP trusts that you will see compliance with this judgment as a central aspect of electoral reform, and an important opportunity for INEC to assert its independence and authority. We therefore look forward to your positive response and action on the judgment.”

Nigeria has a history of flawed elections marred by electoral violence, bribery, vote-buying, undue influence and other grave electoral offences.

The SERAP filed the suit against the INEC to compel the electoral body to perform its constitutional and statutory duties to ensure the prosecution of suspected perpetrators of electoral offences and their sponsors during the 2023 elections.

1 Comment

1 Comment

  1. 먹튀검증

    July 22, 2024 at 6:57 pm

    빠르고 안전한 먹튀검증으로 먹튀 피해를 예방하세요. 먹튀검증 전문 커뮤니티 먹튀감정사에서 먹튀 없는 안전놀이터 정보를 제공합니다.  

Leave a Reply

Your email address will not be published. Required fields are marked *

Politics

PDP Governors Probe Ondo Polls, Criticizes Edo Result

Published

on

The Peoples Democratic Party (PDP) has rejected the outcome of the Ondo State governorship election, accusing the ruling All Progressives Congress (APC) of electoral malpractice, including vote-buying and result manipulation.

This was disclosed during a meeting of the PDP Governors’ Forum on Saturday in Jos, Plateau State.

READ ALSO: NECO Expands Global Footprints, Accredits Niger, Equatorial Guinea Schools

The forum, chaired by Bauchi State Governor Bala Mohammed, criticized the conduct of the election, which saw APC’s Governor Lucky Aiyedatiwa secure a landslide victory for another four-year term in Alagbaka, Akure.

“We are still reviewing documents from the Ondo election, where the APC openly bought votes and manipulated results,” Mohammed said.

He urged the judiciary to “save Nigerian democracy” and called on the National Assembly to strengthen electoral laws to prevent what he described as “institutional sabotage of the people’s will.”

The PDP governors also condemned the September governorship election in Edo State, describing it as a “rape of democracy.”

The forum accused the Independent National Electoral Commission (INEC) of colluding with the APC to declare its candidate the winner despite claims that the PDP candidate, Asue Ighodalo, had secured the majority of lawful votes.

“INEC blatantly manipulated the results in favor of the APC candidate. This undermines the credibility of our electoral process,” Mohammed said.

Beyond electoral grievances, the governors urged the PDP’s National Working Committee (NWC) to convene a National Executive Committee (NEC) meeting by February 2025.

They emphasized the need for broader consultations with stakeholders to resolve the party’s internal leadership crisis and strengthen its position as the main opposition party.

The forum reiterated its commitment to democratic values and vowed to push for electoral reforms that would restore public confidence in Nigeria’s electoral process.

The Ondo governorship election has sparked a renewed call for transparency in the country’s electoral system, with the PDP vowing to challenge what it views as a subversion of democracy.

 

Continue Reading

Politics

Gaetz Withdraws From Trumps Cabinet Nomination 

Published

on

 

Following his observations that ‘the momentum was strong’ Matt Gaetz whom 47th POTUS elect, Donald Trump nominated for Attorney General has withdrawn.

Biztellers reports that this follows his meeting with Senate and the feedback, which included two women, represented by their attorneys, who accused him of having paid for sex.

Consequently, Gaetz placed on record his full commitment to seeing “that Donald J. Trump is the most successful President in history.”

His withdrawal according his statement on micro-blogging site, X, was based on his conviction that “There is no time to waste on a needlessly protracted Washington scuffle”.

ALSO READ: Trump Taps 27-Year-Old Karoline Leavitt As New White House Spokesperson

In is view, “Trump’s DOJ must be in place and ready on Day 1”.

Gaetz wrote, “I had excellent meetings with Senators yesterday. I appreciate their thoughtful feedback – and the incredible support of so many. While the momentum was strong, it is clear that my confirmation was unfairly becoming a distraction to the critical work of the Trump/Vance Transition. There is no time to waste on a needlessly protracted Washington scuffle, thus I’ll be withdrawing my name from consideration to serve as Attorney General. Trump’s DOJ must be in place and ready on Day 1.

“I remain fully committed to see that Donald J. Trump is the most successful President in history. I will forever be honored that President Trump nominated me to lead the Department of Justice and I’m certain he will Save America.”

His backers have promptly encouraged to take his seat in the House of Representatives, having been elected to the house under the flag of the Republicans to represent Florida.

Continue Reading

Politics

Adeleke Represents SW On Ad Hoc Committee on Nat’l Electrification Plan

Published

on

 

The Executive Governors from Nigeria’s South West have unanimously nominated Senator Ademola Adeleke as the chairman of the zone on the National Economic Council (NEC).

Adeleke is the Executive Governor of Osun State, southwest, Nigeria.

This, according to the Spokesperson to Governor Adeleke, Olawale Rasheed, transpired on Thursday, at a meeting of the NEC.

ALSO READ: Adeleke Flaunts Local Content Records, Industrialisation Progress

He noted that the meeting reviewed the state of Nigeria’s electricity sector and resolved to engage subnational structures to address current challenges in the sector.

“The meeting particularly sought to build on the devolution of the electricity sector and its movement into the concurrent legislative list which empowers state governments to regulate the sector in their respective areas,” he stated.

Consequently, the NEC, therefore set up an ad hoc committee to review actions in the sector by state governments and explore ways to ramp up activities through coordination, Rasheed highlighted.

The full list of members of NEC’s Ad-hoc Committee on National Electrification:

  1. Governor of Cross Rivers State, Bassey Out – Chairman, South-South
  2. Governor of Katsina State, Mallam Dikko Umaru Radda – Chairman, North-West
  3. Governor of Gombe State, Muhammadu Inuwa Yahaya – Chairman, North-East
  4. Governor of Osun State, Senator Ademola Adeleke – Chairman, South-West
  5. Governor of Imo State, Senator Hope Uzodinma – Chairman, South-East
  6. Governor of Plateau State, Barr. Caleb Mutfwang – Chairman, North-Central
  7. Hon. Minister of Finance, Wale Edun
  8. Hon. Minister of Budget and National Planning, Atiku Bagudu
  9. Special Adviser, NEC and Climate Change, Rukaiya El-Rufai
  10. Special Adviser, Power Minister, Hon. Bolaji Tunji
  11. MD/CEO Rural Electrification Agency, Abba Aliyu
  12. MD/CEO Niger Delta Power Holding Company, Jennifer Adighije
  13. Chairman, Nigeria Governors Forum, AbdulRahman AbdulRazak
  14. NEC Secretariat
Continue Reading

Copyright © 2022. Biztellers, powered by Alphaxristi.