Crime
INEC Chair Risks Jail Over Electoral Offences
The Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt lawsuit against Prof Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC) “for failing to investigate the allegations of electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.”
This was detailed in a statement dated 27 October 2024 and signed by SERAP deputy director Kolawole Oluwadare, which was made available to Biztellers.
Recall that Justice Obiora Atuegwu Egwuatu of the Federal High Court, Abuja had on 18 July, 2024 ordered INEC “to pursue cases of bribery against state governors and their deputies, and other electoral offences committed during the 2023 general elections.”
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Justice Egwuatu also ordered “INEC to seek the appointment of independent counsel to investigate allegations of electoral offences including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.”
However, INEC and Prof Yakubu have failed and/or refused to implement the judgment.
Consequently, the Federal High Court, Abuja in the notice of consequences of disobedience to order of court warned Prof Yakubu that he would be “guilty of contempt of Court and liable to be committed to prison” if he fails “to obey the judgment orders.”
The notice, addressed to Prof Yakubu, read in part: “take notice that unless you obey the Orders contained in the Judgment of the 18th July 2024 made by Justice Egwuatu of the Federal High Court, Abuja in Suit Number: FHC/ABJ/CS/583/2023, a copy of which is hereto attached, you will be guilty of contempt of Court and will be liable to be committed to prison.”
The SERAP stated, “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function, if INEC and its chair routinely ignore and/or fail to abide by court orders.”
The statement, read in part: “Despite the service of the certified true copy of the judgment on INEC and Professor Yakubu, they have failed and/or refused to obey it.
“The recurring cases of electoral bribery and violence make a mockery of Nigeria’s electoral process and participatory democracy. The latest allegations of electoral offences in Edo state show that INEC has learnt little or nothing from the well-documented problems during the 2023 general elections.
“Ahead of the forthcoming governorship election in Ondo, INEC must turn the page on persistent electoral offences, end the impunity of perpetrators, and ensure citizens’ right to vote and political participation.”
Justice Egwuatu’s judgment, reads in part: “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.
“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.
“There is no doubt that the Electoral Act 2022 created 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.”
Justice Egwuatu granted the following orders of mandamus against INEC (the Judgment Debtor):
AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to seek the appointment of independent counsel to investigate allegations of electoral offences including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.
AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.
AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to swiftly, prosecute all arrested electoral offenders in the just concluded 2023 general election in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies.
Recall that the SERAP had on 20 July 2024 requested Prof Yakubu to “use his good offices and leadership position to immediately enforce the judgment ordering INEC to pursue cases of electoral offences including bribery against state governors and their deputies during the chaotic 2023 general elections.”
The SERAP brought the contempt lawsuit against the INEC and Prof Yakubu pursuant to section 72 of the Sheriff and Civil Process Act and Order IX, Rule 13 of the Judgment (Enforcement) Rules of Court.
No date has been fixed for the hearing of the contempt suit.
On Friday, a violent incident erupted in Onitsha, Anambra State, when an irate mob set two revenue touts ablaze after they were allegedly responsible for causing the death of an innocent bystander.
The incident took place along Old Market Road, near Venn Road by Egerton, when a tipper driver, who was reportedly being chased by the revenue agents, lost control of his vehicle.
As the touts grabbed the steering wheel, the driver veered off the road, running over and killing a pedestrian instantly.
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A disturbing video of the event, circulating on social media, shows the mob attacking the two revenue agents with various objects before setting them on fire.
Four other touts managed to escape the scene unscathed.
A witness to the chaos, who recorded the incident, described what transpired: “There was chaos in Onitsha this morning as angry mob set ablaze two revenue touts, while four others were lucky to escape.
“The touts were chasing the driver over a fee, and in the process, the tipper lost control, killing a pedestrian.”
Local residents and traders expressed outrage over the incident, blaming the revenue collectors for the tragedy.
One trader said, “Onitsha was hot this morning at Egerton by Old Market Road. The revenue men were dragging the steering with a tipper driver because he refused to give them a bribe.
“In the process, the vehicle ran over an innocent man, and seeing the result of their actions, they tried to flee. But the angry people chased and caught two of them.”
The victim, who was struck and killed by the vehicle, has yet to be officially identified, but reports indicate that he was a well-known figure in the community.
The tragic event has reignited long-standing frustrations with the activities of revenue collectors in the state, with many calling for immediate reforms.
One local resident lamented, “These revenue touts have killed more people than non-state actors in the last two years.”
In response to the incident, Anambra State Police Command spokesman, SP Tochukwu Ikenga, confirmed the situation and assured that authorities were working swiftly to restore order.
“We are already working with the relevant authorities to ascertain what happened and find an amicable solution to prevent such occurrences in the future,” Ikenga stated.
The police investigation into the incident is ongoing, as officials seek to determine the full details surrounding the fatal accident and the mob violence that followed.
A police officer is reportedly dead and another injured following an attack by unknown gunmen on a police checkpoint in the Ohafia area of Abia State.
The incident, which occurred on Wednesday at Ugwu Abba Asaga, has sparked concerns over the rising wave of insecurity in the region.
The Abia State Police Command has yet to release an official statement regarding the attack. However, when contacted, the Command’s Public Relations Officer, ASP Maureen Chinaka, assured reporters that she would provide updates, but no further details had been shared as of the time of this report.
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This incident is the latest in a series of violent attacks in Abia State. On Monday, the Abia State government accused unnamed politicians and external parties of fueling kidnappings and violence targeting security personnel and civilians since May 2024. In a statement signed by Ferdinand Ekeoma, the Special Adviser to the Governor on Media and Publicity, the government vowed to hold the perpetrators accountable.
“The promoters of violence and insecurity in the state will pay a heavy price,” the statement read.
However, John Okiyi Kalu, a chieftain of the Peoples Democratic Party (PDP) and former Commissioner for Trade and Investment, criticized the government’s position. He argued that insecurity in the state should not be politicized but rather addressed through actionable measures.
The attack has heightened tensions in the state, with citizens calling for swift action to restore peace and ensure the safety of residents and security personnel alike.
A yet-to-be-identified labourer was reportedly shot dead on Wednesday, while three others sustained critical injuries, during an altercation involving the Crack Squad of the Ebonyi State Police Command at Ugwuechara Junction in Abakaliki.
Witnesses say the incident began when members of the Crack Squad stopped a motorcycle rider, accusing him of fraud and attempting to seize his motorcycle.
The rider reportedly identified himself as a member of the military but was allegedly assaulted by the operatives.
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An eyewitness recounted, “As the policemen removed his cap and started hitting him with their guns, the bike man tried to resist them, possibly to snatch one of their guns.
“One of the team opened fire, which killed one of the labour seekers, who usually gather at the junction to look for daily jobs. Three persons were wounded and were rushed to the hospital.”
The deceased, a labourer waiting for work at the junction, was struck by the gunfire. Among the injured are a young apprentice at a barbershop and a female passer-by.
Witnesses say the police operatives took the body of the deceased and the motorcycle rider to their station after the incident.
Efforts to reach the Police Public Relations Officer in Ebonyi, Joshua Ukandu, were unsuccessful as he did not respond to calls or messages.
However, Obinna Mbam, the Special Assistant on Internal Security to Governor Francis Nwifuru, confirmed the incident.
“Normalcy has returned to the area,” Mr. Mbam said. “The state government will ensure that the perpetrators are brought to justice.”
The incident has sparked outrage among residents of Ebonyi State, who have raised concerns about the increasing cases of police brutality, extortion, and indiscriminate arrests.
Many residents also expressed dissatisfaction with the Crack Squad, which was established as part of police reforms following the disbandment of the controversial Special Anti-Robbery Squad (SARS) in 2020.
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