Politics
Court Orders INEC To Hold States’ CSOs, Others To Account Over 2023 Election Violence
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.”
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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.
Residents of Osun State have expressed concern that escalating political violence and killings ahead of Saturday’s governorship election could discourage voters from turning out to exercise their franchise.
Some residents who spoke with the News Agency of Nigeria (NAN) on Wednesday also questioned whether the election would be peaceful, free and credible, without disruption, inconclusiveness or cancellation.
SEE MORE: Why Osun Needs Me for Another Term — Adeleke
A civil servant, Seun Akinboboye, said the rising political tension and reported killings could scare voters away from polling units.
He urged candidates and political actors to ensure their supporters obeyed the rules and avoided acts capable of triggering violence.
Akinboboye also appealed to security agencies to provide adequate protection for voters on Election Day to enable them to perform their civic responsibility without fear.
Similarly, a business owner, Demilola Olasunkanmi, said the activities of political thugs had become alarming and required urgent intervention.
She called for increased security during and after the election, urging security personnel to restrict movement during the poll to essential workers and others with legitimate reasons to be on the streets.
Olasunkanmi also advised residents to remain vigilant and cautious to avoid becoming victims of any unforeseen incident.
For Elizabeth Oluwatoyin, the fear of political violence is strong enough to keep her and her family away from the polls.
“All these politicians are the same. It is always about their selfish interest and enriching themselves and their families.
“I will not, because of the election, let them kill me. They have been killing each other for the past two to three months,” she said.
Oluwatoyin said she had warned her daughter against discussing politics publicly to avoid becoming a target.
She also said she had appealed to her husband not to risk his life for any politician, noting that politicians could eventually reconcile after the election.
“As the whole thing is going, I don’t think anybody from my family will go out and vote in this coming governorship election,” she added.
However, an elderly resident, Ajeniwura Adeoye, said he would not allow the violence to prevent him from voting.
“Look at me, I am almost 70 years old and I have been voting since 1979.
“I cannot be intimidated at my age and prevented from coming out now to vote for the candidate I want,” he said.
Adeoye said he believed the killings and shootings were intended to discourage voters from participating in the election.
While acknowledging the concerns over safety, he urged residents to come out and exercise their franchise, noting that the police had assured the public of adequate security.
He also called on the Independent National Electoral Commission (INEC) to remain impartial and urged security agencies to protect voters on Election Day.
Meanwhile, a businesswoman, Ronke Ajibade, said her expectation was for a peaceful election without bloodshed or killings.
She said she would be willing to vote if the security situation remained calm, while appealing to candidates and political parties to play by the rules and reject violence.
Another resident of Owode-Ede, Olawale Ibrahim, described the political atmosphere as frightening, warning that continued tension could discourage voters from participating.
He urged political actors to regard the election as a normal contest in which there would be a winner and a loser, rather than treating it as a do-or-die affair.
NAN reports that there have been a series of killings in Osun ahead of the election, with political parties trading accusations and counter-accusations.
The concerns over voter safety come as the state prepares for Saturday’s governorship election, with residents calling for stronger security measures to ensure that eligible voters can participate without fear.
Osun State Governor and Accord Party governorship candidate, Ademola Adeleke, has appealed to residents to support his bid for another term in office, saying his administration has delivered significant development across the state.
Adeleke made the appeal on Tuesday while speaking at the Arise Townhall, where he highlighted some of the achievements of his administration and expressed confidence in securing victory in the forthcoming governorship election.
The governor recalled his experience in the 2018 governorship election, which he said he lost after being cheated, adding that he subsequently returned to school before staging a comeback in 2022.
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“I was cheated in 2018. I went back to school and returned in 2022,” Adeleke said.
He said his administration had prioritised the development of Osun State and promised that public funds would continue to be deployed for the benefit of the people.
“Osun State money will stay in Osun,” he said, assuring residents that “more goodies are on the way.”
Adeleke also pointed to several road projects executed by his administration, saying some of the roads had been abandoned for years before his government intervened.
He dismissed claims that roads constructed under his administration were substandard, insisting that qualified Nigerian engineers handled the projects.
“It is a sin to say that the roads I constructed are substandard. I used professional engineers. I used Nigerian engineers. I supervised their work,” he said.
The governor maintained that his administration had “done so much” for Osun residents and claimed that the people had recognised the impact of the projects across the state.
He also accused the All Progressives Congress of relying on propaganda to discredit his administration.
Adeleke further defended his public dancing, which has become a notable feature of his political appearances, insisting that the hobby had no effect on his ability to govern.
“Those that can’t dance are jealous of me. In my family, we have music in our blood. Nobody will stop me from dancing. I dance and work. There is time to dance and there is time to work,” he said.
He also alleged that federal might was being used to intimidate voters ahead of the election but expressed confidence that he would emerge victorious.
“Dancing is my hobby. In this election, I will be victorious,” Adeleke declared.
On security, the governor said his background in criminology had equipped him with the knowledge needed to tackle security challenges in the state.
“I am a security expert. I studied criminology. My aim is to protect my people, and I am doing that,” he said.
Adeleke disclosed that his administration had recruited about 1,500 Amotekun personnel, adding that the recruits received training from senior security officers.
He alleged that Osun had remained relatively peaceful until the approach of the election, when, according to him, intimidation and violence began to emerge.
“Osun has been peaceful until recent times, when the election approaches. They started intimidating and killing our people,” he alleged.
The governor said he had raised the security concerns with relevant authorities and held meetings with security experts on measures to protect residents before, during and after the election.
Osun State Governor, Ademola Adeleke, has hit back at critics of his penchant for dancing, insisting that his hobby has never affected his responsibilities or performance as governor.
Adeleke made the clarification on Tuesday during a town hall meeting organised by Arise TV for candidates contesting the August 15 Osun State governorship election.
The governor described dancing as part of his personality and family culture, stressing that he combines it with his duties as the state’s chief executive.
SEE ALSO: Adeleke Declares Osun Guber Election Can’t be Rigged or Stolen
“I dance because in my family, we are jolly good fellows. As I am dancing, I am working. There is time for everything, there is time to dance, and there is time to work. Dancing does not stop me from working. I have delivered across all sectors,” Adeleke said.
His comments came after Edo State Governor, Monday Okpebholo, recently mocked him during an APC campaign rally in Osun State and urged voters to reject what he described as the “dancing governor.”
Responding to the criticism, Adeleke said his dancing was simply a hobby and had no connection with his ability to govern.
“Dancing is a hobby. That does not affect my work. My people love me,” he said.
He also took a swipe at those criticising his dancing, saying, “If they can’t dance, I can teach them how to dance.”
Adeleke used the occasion to highlight projects he said his administration had executed across Osun State.
According to him, his government has constructed and rehabilitated roads across the state, with solar-powered streetlights installed along some of them to improve security and boost economic activities.
“As I’m speaking to you, I did not only build roads across Osun, I installed them with solar lights. This we did to provide security and enhance economic development,” he said.
The governor also said his administration had upgraded and rehabilitated more than 200 primary healthcare facilities, equipping them with electricity and clean water.
He added that qualified engineers had certified the projects undertaken by his administration as meeting international standards.
Adeleke is seeking re-election on the platform of the Accord Party after defecting from the Peoples Democratic Party, under which he won the 2022 governorship election.
He is contesting against the All Progressives Congress candidate, Munirudeen Bola Oyebamiji, the African Democratic Congress candidate, Najeem Salaam, and other candidates in the August 15 election.
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