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.
A chieftain of the Peoples Democratic Party (PDP), Dan Ulasi, has questioned the moral justification for another eight-year presidential tenure for northern Nigeria following the completion of former President Muhammadu Buhari’s two terms in office.
Ulasi argued that although the Constitution does not prohibit another northern president from serving after Buhari, such an arrangement would be morally wrong in view of the informal power rotation between the northern and southern parts of the country.
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He made the remarks on Arise News’ The Morning Show on Friday, October 16, 2026, during a discussion on opposition politics and the political calculations ahead of the 2027 general elections.
According to the PDP chieftain, Nigeria’s political leadership has traditionally been shaped by an informal understanding that presidential power should alternate between the North and the South to promote fairness and a sense of inclusion.
He argued that the North having completed eight years under Buhari should be a consideration in determining the region that produces the next president.
“So if Buhari just finished eight years, I don’t see how nothing will again come out to run eight years. It is morally wrong. It is not constitutionally wrong, but it’s morally wrong. It is wrong,” Ulasi said.
His comments came as the discussion turned to the challenges confronting opposition parties and their preparations for the 2027 presidential election.
During the interview, Ulasi also addressed the role of religion in Nigerian politics, dismissing the suggestion that religious identity should determine political support.
He said he had never considered religion a decisive factor in his political discussions, stressing that the character and quality of individuals seeking public office should matter more.
“For me, they are Nigerians. Religion has never been part of my discussion in politics. Absolutely not,” he said.
The PDP chieftain maintained that Nigerians should be assessed as citizens regardless of their religious backgrounds.
When the discussion shifted to ethnicity, Ulasi acknowledged that ethnic identity was an undeniable part of Nigerian society but cautioned against using it as an instrument of political division.
He explained that a person’s name or ethnic background did not diminish their status as a Nigerian, arguing that national identity should remain central to political participation.
Ulasi also criticised opposition parties for failing to make sufficient use of Nigerians’ economic grievances against the ruling All Progressives Congress (APC).
He cited inflation, rising food prices and other economic difficulties as issues opposition parties could use to present alternative policies to voters ahead of the 2027 elections.
However, he questioned whether opposition figures were doing enough to engage Nigerians and explain how they would address the country’s challenges.
Ulasi said opposition parties should organise town hall meetings across the geopolitical zones to communicate their programmes and engage citizens directly.
He added that he had not seen the level of nationwide engagement he expected from opposition leaders.
The Nigeria Police Force has warned Nigerian youths against allowing themselves to be used as instruments of political violence ahead of the 2027 general elections, saying their future is more valuable than temporary political inducements.
The warning was contained in a goodwill message delivered by the Force Public Relations Officer, CSP Annie Iniedu, on behalf of the Inspector-General of Police, Olatunji Rilwan Disu, at a National Orientation Agency (NOA) initiative to mobilise Nigerians at the grassroots ahead of the elections on Thursday.
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The initiative was held under the theme, “Your Vote, Your Voice, Your Future.”
In the message, the Inspector-General urged political parties, candidates and their supporters to embrace issue-based campaigns, tolerance and respect for the rule of law.
“Elections must never become a licence for thuggery, intimidation, vote-buying, ballot-snatching, destruction of electoral materials, or violence,” he said.
Addressing young Nigerians, the police chief warned them against becoming instruments of political violence.
“To our youths in particular: do not allow yourselves to be used as instruments of political violence. Your future is more valuable than any temporary political inducement,” he said.
He also urged eligible voters to reject voter apathy and vote-buying, encouraging them to protect their votes and participate peacefully in the electoral process.
“To all our eligible voters, I urge you to reject voter apathy and vote-buying. Your vote is your voice. Protect it, exercise it peacefully, and allow democracy to work for our nation,” he said.
The Inspector-General assured Nigerians that the police would work with the Independent National Electoral Commission (INEC), other security agencies and relevant stakeholders to protect the integrity of the 2027 elections.
He said the collaboration would involve intelligence sharing, inter-agency cooperation and professional policing to provide a safe and secure environment for voters.
“The Nigerian Police Force assures all Nigerians that we shall remain professional, impartial, and firm against criminal elements seeking to undermine the electoral process,” he said.
The police chief further called for collective efforts to ensure peaceful and credible elections in 2027.
“Let us collectively ensure that in 2027, the ballot defeats the bullet, ideas defeat intimidation, and democracy defeats violence,” he said.
He also urged Nigerians to mobilise for peace, responsible leadership and a credible electoral process ahead of the general elections.
The efforts of the members of the All Progressives Congress (APC) Presidential Campaign Council (PCC) would count for nothing, except for the person who delivers his or her ward at the polls.
Nigeria’s President, and party’s presidential candidate for the 2027 election, Bola Ahmed Tinubu made it clear during the inauguration of the council at the Banquet Hall of the Presidential Villa in Abuja, on Wednesday.
“No one gets credit for an incomplete assignment. So, until you deliver the next election, until you deliver your wards, until you deliver the votes, before we can say thank you,” he said.
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The president, who expressed gratitude to party members for their support in the previous election, said the inauguration was more than a formal gathering, describing it as a renewed commitment to Nigerians.
“The APC is ready. We have not gathered merely to inaugurate a council; we have gathered to renew a covenant, a covenant with the Nigerian people and the historic responsibility they have entrusted to us as Nigeria’s governing party. We promise we will not let them down,” he said.
Tinubu also expressed confidence in the party’s ability to secure victory.
“I celebrate you. I celebrate you, no doubt about that. Nigeria will continue to celebrate you. You will see the joy of this victory. You will share in the joy,” he said.
The president also said he would not participate in every aspect of the campaign, stressing that his responsibilities as head of state would remain a priority.
He said party members had cautioned him against allowing the demands of campaigning to distract him from governance, adding that he agreed with their position.
“You have warned me and asked me not to allow the rigour of the campaign to distract me from governance. I hear you. I am in full agreement with your decision. Nigeria needs more attention now than ever before.
“The responsibility of this office does not pause. That responsibility did not recognise our agenda here today. The Constitution allows INEC to make room for parliament but not for the campaign. The job must go on,” he stated.
He, however, pledged to make time to address Nigerians directly while the campaign council coordinates activities across the country.
“However, I will still make time to speak directly with Nigerians even as you lead the campaign in the states and local government areas, so you will excuse me from going everywhere with you,” he said.
The campaign council is chaired by Tinubu, with Vice-President Kashim Shettima and APC National Chairman Nentawe Yilwatda serving as first and second vice-chairmen, respectively.
Senate President Godswill Akpabio, Speaker of the House of Representatives Tajudeen Abbas and Kwara State Governor AbdulRahman AbdulRazaq are the deputy vice-chairmen.
Former Zamfara State Governor Abdulaziz Yari was named director-general of the council.
Other appointments include Femi Gbajabiamila as head of administration, Imo State Governor Hope Uzodimma as secretary, and former APC National Chairman Abdullahi Ganduje as director of stakeholder mobilisation.
Lagos State Governor Babajide Sanwo-Olu was also listed among the party’s campaign officials, while Dele Alake was named spokesman.
The council’s structure includes directorates responsible for mobilisation, election planning and monitoring, finance, fundraising and regional coordination.
The party has also named political figures outside its ranks to coordinate support in some states and regions, including Federal Capital Territory Minister Nyesom Wike for Rivers State and the FCT, Anambra State Governor Chukwuma Soludo for Anambra, and Osun State Governor Ademola Adeleke for Osun.
President Tinubu is seeking a second term in the 2027 presidential election, which the Independent National Electoral Commission has scheduled for January 16, 2027.
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