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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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“PDP Can’t Unseat Tinubu with Wike in Charge” — Ulasi Blows Hot, Threatens Exit

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A chieftain of the Peoples Democratic Party, Dan Ulasi, has warned that the party stands little chance of defeating President Bola Ahmed Tinubu in the 2027 general elections if Nyesom Wike continues to play a leading role while allegedly supporting the ruling government.

Ulasi, who spoke during an interview on Arise TV on Thursday, expressed deep concern over what he described as a “contradictory situation” within the PDP, stressing that such internal inconsistencies could weaken the party’s credibility and chances at the polls.

ALSO READ: ‘I Didn’t Mean It Literally’ — Nyesom Wike Clears Air as Atiku Abubakar Fires Back

“I don’t see my party as presently constituted challenging Tinubu with Wike as national leader,” Ulasi said, warning that he may be forced to leave the party if the issue is not addressed.

The PDP stalwart argued that Wike cannot effectively serve as a leader in the opposition while maintaining close ties with President Tinubu, describing the situation as “unconstructive” for a party seeking to reclaim power at the national level.

He further questioned what role Wike would play if another candidate emerges as the PDP’s presidential flag-bearer ahead of the 2027 election, asking whether the former Rivers State governor would actively participate in party rallies or align with the ruling party’s activities.

Ulasi warned that the party’s next meeting could be his last if its leadership fails to provide satisfactory explanations, insisting that he cannot continue to be part of a process riddled with contradictions.

In a related development, Ulasi revealed that Peter Obi had visited him several times this year, including a recent meeting following an appearance in Enugu.

He spoke positively about Obi’s vision for Nigeria, noting that the former presidential candidate offers a sense of hope for the country’s future, although he stopped short of declaring any political alignment.

Reflecting on his longstanding ties to the PDP, Ulasi recalled his role during the party’s formation alongside late former Vice-President Alex Ekueme and other founding members.

Despite his deep connection to the party, he maintained that he would rather step aside than remain in a system he considers inconsistent.

He added that if he eventually exits the PDP, he has no plans to join another political party, stating that he would instead operate as a private consultant.

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Drama in Ogun APC as Gbenga Daniel Claims He Was Barred From Meeting

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There was tension within the Ogun State chapter of the All Progressives Congress (APC) on Monday after former Governor and Senator representing Ogun East, Otunba Gbenga Daniel, alleged that he was barred from attending a stakeholders’ meeting of the party held in Ijebu Ode.

The meeting, which took place at Adeola Odutola Hall, was reportedly convened to bring together key party stakeholders, including current and former local government chairmen, councillors, and serving as well as former lawmakers from both state and national levels.

However, the senator, in a viral video circulating online, claimed he was denied entry into the venue despite being part of the expected attendees.

ALSO READ: “APC Failure in Disguise?” — Dickson Tears Into ADC Coalition

Speaking from his branded campaign bus parked at the venue, Daniel expressed disappointment over the situation, saying he and his team were stopped from accessing the meeting.

He further questioned the legitimacy of any resolutions reached at the gathering, suggesting that the outcome of the meeting should not be considered valid.

As of press time, the Ogun State APC leadership had yet to issue an official response to the allegation.

 

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Who Leads ADC? Supreme Court to Hear Mark’s Appeal in Heated Party Rift

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The lingering leadership crisis within the African Democratic Congress (ADC) is set for a crucial legal test as the Supreme Court of Nigeria prepares to hear an appeal filed by former Senate President, David Mark.

Mark is challenging a legal action brought by a former Deputy National Chairman of the party, Nafiu Bala, over the control and leadership structure of the ADC.

The case, scheduled for hearing on Tuesday, is expected to determine the direction of the party amid deepening internal divisions.

SEE MORE: 2027: Why ADC, Opposition Leaders Stormed INEC in Abuja

Through his lawyer, Realwan Okpanachi, Mark is seeking an order to stay the execution of a Court of Appeal judgment delivered on March 12, pending the final resolution of the matter.

He also urged the apex court to restrain the Independent National Electoral Commission (INEC) from making any alterations to the party’s leadership as currently constituted under his faction.

In addition, Mark is asking the court to suspend further proceedings in a related suit before the Federal High Court in Abuja, presided over by Justice Emeka Nwite.

The dispute dates back to a September 4, 2025 ruling by the Federal High Court following an ex parte application filed by Bala, which has since fueled competing claims to the party’s leadership.

The ADC has, in recent months, been embroiled in a bitter factional crisis, with rival camps asserting legitimacy.

The situation has been worsened by conflicting court orders and administrative uncertainty surrounding who truly leads the party.

Tensions escalated after INEC reportedly removed Mark as the party’s national chairman from its official records, sparking protests by his loyalists.

The demonstration drew prominent political figures, including former Vice President Atiku Abubakar, ex-Osun State Governor Rauf Aregbesola, former Anambra State Governor Peter Obi, and former Rivers State Governor Rotimi Amaechi.

In response, the Bala-led faction staged a counter-protest, insisting on recognition by INEC as the legitimate leadership of the party.

As the battle shifts to the Supreme Court, political observers say the outcome could decisively shape the future of the ADC, particularly as political alignments begin to take form ahead of upcoming elections.

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