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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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Osun Accord, Adeleke Strategise for Legislative Elections

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The Osun State chapter of the Accord Party has cautioned its members against anti-party activities in the forthcoming National and State Assembly elections.

A government house statement released in Osogbo on Wednesday added that the party warned that all members must support Accord candidates at the polls.

Rising from a closed door stakeholders’ meeting, the party noted several reports of Accord members allegedly backing candidates from PDP, APM, APP and even APC, directing that those members or leaders caught in such acts will face severe disciplinary actions.

The meeting presided over by Governor Ademola Adeleke passed a resolution that all disagreements over selection of legislative candidates should be resolved and the party must unite behind the candidates already fielded by the party.

Under no circumstances should any Accord member be caught sponsoring or working for legislative candidates of other political parties. Such behaviour will not be tolerated, the stakeholders meeting resolved.

READ ALSO: Dangote Credits Tinubu’s Economic Reforms with Driving Nigeria’s Economic Recovery

The meeting further directed a small committee to work on constituencies where such abnormalities are noted and take appropriate measures to stop the menace and even sanction the culprits if they persist in such anti-party conduct.

The Accord leadership in the state was also directed to activate monitoring actions to identify those involved in such conduct and call them to order as urgently as possible.

Meanwhile, Gov Adeleke used the Forum to register his gratitude to party members for their steadfast support during the turbulent electioneering process.

“I am deeply grateful to our party members for their depth of loyalty and courageous disposition throughout the democratic struggle. Osun people trusted us and they fought for us under the divine direction of God Almighty.

“We praise God Almighty, the courageous people of Osun state, the electoral commission and you, our loyal party members and leaders. I will remain steadfast in my commitment to the people, the party and God almighty.

“I task us to support our party candidates in the forthcoming legislative elections. We must avoid anti-party activities. Severe sanction awaits any party member who works against the candidates of the party.

“I have also tasked our candidates to reach out to all segments of the party. We must run an inclusive campaign. All shades of opinion must be mobilised for resounding success in future elections”, the governor admonished leaders at the stakeholders’ forum.

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INEC Raises Alarm as Fake 2027 Election Recruitment Website Surfaces

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INEC Officials Held Captive Over Missing Declaration Form

The Independent National Electoral Commission (INEC) has raised the alarm over a fake online recruitment notice claiming that the commission has commenced the recruitment and training of ad-hoc staff ahead of the 2027 General Election.

INEC issued the warning on Monday, August 31, 2026, following the circulation of a message online directing prospective applicants to a website purportedly created for the recruitment exercise.

The electoral commission dismissed the information as false, stressing that the recruitment notice and website did not originate from it.

SEE MORE: 2027: ‘We Must Build the Table’ — Opposition Leaders Meet in Abuja to Challenge Tinubu

In a statement, INEC said, “The attention of the Independent National Electoral Commission (INEC) has been drawn to a message circulating online claiming that the Commission is currently recruiting and training ad-hoc staff for the 2027 General Election.”

The commission further clarified that the website being circulated is not its official recruitment portal.

“This information is not from INEC. The website/link being circulated is NOT an official INEC recruitment portal,” INEC stated.

The electoral body warned Nigerians against clicking on the link or providing personal information through the platform, particularly as fraudulent recruitment websites can be used to obtain sensitive details or solicit payments.

“Members of the public are strongly advised NOT to click on the link, submit personal information, upload documents or make any payment through the platform,” the commission warned.

INEC advised members of the public to rely only on its verified communication channels and official websites for information concerning recruitment and election-related activities.

“INEC’s official recruitment and election-related announcements are published through the Commission’s verified communication channels and official websites,” it said.

The commission directed Nigerians seeking authentic information to visit its official website, inecnigeria.org.

INEC also noted that it had previously warned the public about fraudulent websites and fake recruitment advertisements purporting to originate from the commission.

The electoral body urged Nigerians to disregard the latest notice and avoid further circulating it.

“Please disregard and do not circulate this false recruitment notice,” INEC said.

The commission concluded its warning with an appeal to Nigerians to verify the authenticity of online information before clicking on links or submitting personal details.

“Stay informed. Stay safe. Always verify before you click,” INEC stated.

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2027: ‘We Must Build the Table’ — Opposition Leaders Meet in Abuja to Challenge Tinubu

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Several opposition political leaders and prominent figures have converged on Abuja for a summit aimed at forging a united front ahead of the 2027 presidential election.

The meeting, being held at the Shehu Yar’Adua Centre, attracted notable opposition figures including the Peoples Redemption Party presidential candidate, Donald Duke; Social Democratic Party presidential candidate, Adewale Adebayo; and former Niger State Governor, Babangida Aliyu.

SEE MORE: ‘APC Is Irredeemable’ — Ex-Minister Timipre Sylva Dumps Party, Blasts Tinubu Govt

The summit was convened by political pressure group G-100 as part of efforts to bring opposition parties together to mount a stronger challenge against President Bola Tinubu and the ruling All Progressives Congress in 2027.

Also attending the gathering are the Allied Peoples Movement vice-presidential candidate, Lawal Daura; PRP National Chairman, Hakeem Baba-Ahmed; SDP vice-presidential candidate, Usman Bugaje; and Minority Leader of the House of Representatives, Fred Agbedi.

The National Publicity Secretary of the African Democratic Congress, Bolaji Abdullahi, and G-100 Convener, Salihu Lukman, are also among those participating in the summit.

Welcoming the dignitaries, Lukman urged opposition parties to put aside their differences and work towards a common objective of advancing the interests of Nigerians.

He stressed that the proposed cooperation was not about forcing political parties to dissolve or abandon their identities, but about creating a platform where they could work together towards a shared goal.

“We are not asking any political party to dissolve. Let us agree that we must build the table before negotiating the seats,” Lukman said.

The summit comes amid increasing political realignments ahead of the 2027 general elections, with opposition parties and political actors exploring possible alliances and coalition arrangements.

 

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