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 African Democratic Congress (ADC), Chief Eze Chukwuemeka Eze, has cautioned Barrister Kenneth Okonkwo against making comments capable of undermining former Minister of Transportation, Rotimi Amaechi, warning that such remarks could threaten the party’s unity ahead of the 2027 general elections.
Eze was reacting to recent remarks by Okonkwo, who reportedly suggested that former Vice President Atiku Abubakar had no alternative but to accept Amaechi as his running mate.
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He described the statement as “unfortunate, insulting and counterproductive,” saying it could negatively affect public perception of both Atiku and Amaechi.
According to Eze, Atiku’s long political career demonstrates that he is fully capable of making independent decisions on critical political matters without being influenced or compelled.
“Anyone who has followed Atiku Abubakar’s political journey knows that he has a mind of his own and is fully capable of taking decisions on matters of this nature,” Eze said.
The ADC stalwart argued that portraying Amaechi as an imposed choice diminishes the former Rivers State governor’s political achievements and contributions to Nigeria’s democratic development.
He highlighted Amaechi’s political record, noting that he served as Speaker of the Rivers State House of Assembly, two-term governor of Rivers State, Minister of Transportation, and presidential aspirant, describing him as one of Nigeria’s most experienced political figures.
Eze also recalled that Amaechi emerged second to President Bola Tinubu during the 2023 All Progressives Congress (APC) presidential primary and later finished as runner-up to Atiku Abubakar in the ADC presidential primary.
According to him, Amaechi’s emergence as the party’s vice-presidential candidate should be seen as a strategic advantage rather than an imposition.
“Amaechi’s personality, political experience and national appeal add significant value to the ADC presidential ticket,” he stated.
The former publicity secretary of the defunct New Peoples Democratic Party (nPDP) further advised Okonkwo to improve his communication style by learning from individuals with proven expertise in political messaging.
Calling for unity within the opposition party, Eze urged ADC leaders, spokespersons and supporters to avoid comments capable of creating unnecessary controversy or weakening the party’s collective resolve ahead of the 2027 elections.
“Our focus should remain on building a united front. Internal disagreements should not distract us from our collective objective of providing Nigerians with a credible alternative,” he said.
He added: “As things stand, we have a common objective. We need unity of purpose and must avoid comments that could weaken our collective resolve. Responsible communication and party cohesion remain essential to the success of the ADC in the forthcoming elections.”
The presidential candidate of the Social Democratic Party (SDP) for the 2027 general election, Prince Adewole Adebayo, has launched a fresh attack on the All Progressives Congress (APC), describing the Muslim-Muslim ticket of President Bola Tinubu and Vice President Kashim Shettima as a political strategy aimed at deceiving Nigerians.
Speaking during an interview on Arise Television’s Morning Show, Adebayo argued that the 2023 presidential ticket was built on religious sentiment rather than competence, insisting that Nigerians are now more interested in electing leaders who can deliver justice, good governance and economic prosperity.
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According to him, the APC’s same-faith ticket has failed to meet the expectations of many Nigerians, including those who supported it because of the candidates’ religious affiliation.
“There is nothing like the Muslim-Muslim ticket. Even when the contraption was brought up four years ago and I was in Kano, I was asked the same question while meeting with the Ulamas.
“I told them that if you are hoping for a Muslim-Muslim ticket in President Tinubu and Vice President Shettima, you will be lucky to even have a single Muslim out of the two.”
Adebayo maintained that leadership in Islam is defined by justice and competence, not by a leader’s religious identity, describing the Tinubu-Shettima administration as a “zero-zero ticket.”
“It turned out now that it’s not a Muslim-Muslim ticket. From the point of view of Muslims in Nigeria, it is a zero-zero ticket because in Islam, what is expected of a leader in Islamic jurisprudence is not the religion of that leader but justice.”
The SDP flagbearer added that Islamic teachings encourage the appointment of only qualified and capable individuals to positions of responsibility.
“The reason why Muslims get involved in politics is to have a just society, and there are guidelines in Islamic jurisprudence regarding politics. In Islam, it is expected that if you are a good Muslim, you do not give public office or responsibility to anyone who is not fit for that.”
He further alleged that the Muslim-Muslim ticket was introduced to manipulate voters through religion instead of presenting credible leadership.
“The whole concept from the beginning was just to defraud the populace by using religious sentiment. What the North and all Nigerians are looking for is a righteous leader, no matter the person.”
Adebayo also criticised the current administration over the country’s socio-economic challenges, arguing that the religious composition of the presidency has not translated into justice or improved living conditions.
He referenced former Kaduna State Governor Nasir El-Rufai, saying even one of the prominent advocates of the Muslim-Muslim ticket has recently been seeking justice.
“So when you say you are looking for a Muslim-Muslim ticket and there is no justice anywhere, even one of the proponents, El-Rufai, who was celebrating it, he and his family are now crying for justice. That is the biggest irony you can have.”
He concluded that Nigerians ahead of the 2027 general election are more concerned about competent leadership, fairness and better governance than the religious background of presidential candidates.
The Ebonyi State chapter of the Peoples Democratic Party (PDP) has called for a thorough investigation into an incident involving security personnel attached to the convoy of Governor Francis Nwifuru following the circulation of a viral video on social media.
The video purportedly shows a confrontation between members of the governor’s convoy and occupants of a civilian vehicle along the Centenary City–Chiboy Motors axis of the Afikpo-Abakaliki Road.
According to available information, the incident occurred after a Toyota Camry reportedly collided with a motorcycle rider attached to the governor’s convoy, leaving the rider injured. The ensuing confrontation allegedly resulted in damage to the civilian vehicle.
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Reacting to the development, the PDP’s State Publicity Secretary, Prince Darlington Peter Onwe, called on the Ebonyi State Police Command and the Department of State Services (DSS) to conduct a thorough investigation into the incident.
He urged security agencies to identify and interview those involved and determine the circumstances surrounding the confrontation.
The party also called on the Ebonyi State Government to provide clarification on the incident and disclose the identity and conduct of the security personnel involved.
In addition, the PDP urged relevant authorities to review the operational procedures and rules of engagement for security personnel attached to official convoys to ensure the safety of other road users.
Onwe said the party believes the public deserves a full account of what transpired and urged eyewitnesses and other persons with relevant information to cooperate with investigators.
Responding to the controversy, the Special Assistant to the Governor on New Media, Leo Ekene Oketa, said “the viral video captured only part of the incident and did not present the complete sequence of events.”
He appealed to the public “to refrain from drawing conclusions until all the facts have been established.”
Oketa explained that official convoys, like ambulances, fire service vehicles and other emergency responders, are required to move swiftly in the interest of public safety and national security.
He noted that motorists are expected to comply with lawful traffic directives issued by police officers and convoy personnel to ensure the safe movement of official convoys and prevent accidents.
According to him, “Governor Francis Nwifuru remains committed to professionalism, respect for the rule of law and the protection of lives.”
He added that the circumstances surrounding the incident were being reviewed and urged road users “to remain patient, obey lawful traffic instructions and cooperate with emergency and security personnel in the interest of public safety.”
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