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

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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.

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Politics

Defections Won’t Break PDP in Sokoto, Says Former Senator Gada

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A former senator representing Sokoto East Senatorial District, Abubakar Umar Gada, has assured members and supporters of the Peoples Democratic Party (PDP) that the party remains strong and united in Sokoto State despite recent defections by some political figures.

Gada gave the assurance in a statement issued on Thursday in Sokoto, where he urged party loyalists to remain calm, focused and committed to the ideals of the PDP.

According to him, political defections are not unusual in Nigeria’s democratic landscape and should not be seen as a threat to the stability and strength of the party in the state.

SEE MORE: PDP’s Festering Crisis Chases Tambuwal to ADC

The former lawmaker stressed that the PDP still enjoys a strong grassroots presence in Sokoto, noting that the party’s structure across the state remains intact and capable of delivering electoral victories.

He explained that the strength of the PDP lies in the loyalty and dedication of its members, leaders and supporters who have remained committed to the party through various political challenges.

Gada also pointed out that politics allows individuals the freedom to make personal decisions, but maintained that the PDP as an institution remains resilient and firmly rooted in the aspirations of the people of Sokoto State and Nigeria.

He further disclosed that the party’s national leadership has already initiated measures aimed at strengthening internal unity and consolidating party structures across the country.

According to him, consultations and reconciliation efforts are currently ongoing among key stakeholders to address emerging concerns and reinforce unity within the party.

Gada noted that such engagements are designed to ensure the PDP moves forward with renewed focus, stronger unity and a clear commitment to democratic values.

He recalled that the party has successfully navigated several political challenges in the past and has consistently emerged stronger.

The former senator therefore urged PDP members in Sokoto State to remain steadfast and avoid actions capable of creating divisions within the party.

He also called on supporters to intensify grassroots mobilisation and strengthen party structures across all levels as the party prepares for future political contests.

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PDP’s Festering Crisis Chases Tambuwal to ADC

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The lingering intra-party crisis in the Peoples Democratic Party (PDP) has forced senator representing Sokoto South, Aminu Tambuwal to dump the party for the African Democratic Congress (ADC).

Tambuwal, a former governor of Sokoto State, disclosed this in a resignation letter dated March 11, 2026, addressed to the PDP ward chairman in Tambuwal/Shinfiri Ward of Tambuwal Local Government Area.

The letter, which was made available to journalists on Thursday, said the decision followed consultations with his political associates and supporters.

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“After deep reflection and extensive consultations with my political associates and supporters, I have decided to resign my membership of the Peoples Democratic Party with immediate effect,” Tambuwal stated.

According to the former Speaker of the House of Representatives of Nigeria, lingering disputes and leadership disagreements in the PDP made it increasingly difficult for him to remain in the party.

“The persistent internal crises, leadership disagreements and growing divisions within the party have made it increasingly difficult for me to continue my membership,” he added.

Despite leaving the party, the senator expressed appreciation to the PDP for the opportunities it gave him to serve in different capacities.

“I remain grateful to the party for the platform it provided me to serve Nigeria as Speaker of the House of Representatives and later as Governor of Sokoto State,” he said.

Tambuwal confirmed that he had joined the ADC alongside his political associates and supporters, describing the move as part of efforts to strengthen democratic values and provide a credible political alternative.

“My decision is guided by the conviction that Nigeria requires a stronger political platform built on integrity, accountability, inclusiveness and a clear commitment to national development,” he added.

Tambuwal served as Speaker of the House of Representatives between 2011 and 2015 before emerging governor of Sokoto State in 2015 under the All Progressives Congress (APC). He later defected to the PDP the same year and was re-elected governor in 2019.

After completing his second term in 2023, he was elected to the Nigerian Senate to represent Sokoto South.

His defection to the ADC is expected to alter the political dynamics in Sokoto State, where he remains one of the state’s most influential political figures.

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Political Earthquake in Zamfara as Gov Lawal Dumps PDP for APC

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Governor Dauda Lawal of Zamfara State has explained that the persistent crisis and legal disputes within the Peoples Democratic Party compelled him to defect to the All Progressives Congress.

The governor’s defection was formally announced on Monday by his deputy, Mani Mummuni, after a stakeholders’ meeting held at the Government House in Gusau.

In a statement issued by the governor’s spokesperson, Sulaiman Bala Idris, the move was described as a necessary step taken in the interest of the state and supported by political stakeholders across Zamfara.

SEE ALSO: JUST IN: PDP Crisis Deepens as Appeal Court Upholds Ban on Ibadan Convention

According to the statement, Governor Lawal had remained committed to the PDP despite the ongoing leadership crisis and had made several efforts to reconcile factions within the party.

However, attempts to achieve peace and unity reportedly failed, leading to prolonged legal battles.

The development followed a judgment by the Court of Appeal in Abuja, which dismissed an appeal filed by the PDP challenging an earlier ruling of the Federal High Court.

The earlier judgment had restrained the Independent National Electoral Commission from recognising the outcome of the party’s national convention held in Ibadan, Oyo State.

The governor was said to have informed political stakeholders during a series of meetings that he would make a final decision about his political future after the appellate court delivered its ruling.

Following the judgment, Lawal concluded that joining the APC would better position him to continue what he described as the “Zamfara Rescue and Rebuild Mission.”

His defection marks a significant shift in the political landscape of Zamfara State and could influence political alignments ahead of the 2027 general elections.

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