Crime
INEC Chair Risks Jail Over Electoral Offences
The Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt lawsuit against Prof Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC) “for failing to investigate the allegations of electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.”
This was detailed in a statement dated 27 October 2024 and signed by SERAP deputy director Kolawole Oluwadare, which was made available to Biztellers.
Recall that Justice Obiora Atuegwu Egwuatu of the Federal High Court, Abuja had on 18 July, 2024 ordered INEC “to pursue cases of bribery against state governors and their deputies, and other electoral offences committed during the 2023 general elections.”
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Justice Egwuatu also ordered “INEC to seek the appointment of independent counsel to investigate allegations of electoral offences including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.”
However, INEC and Prof Yakubu have failed and/or refused to implement the judgment.
Consequently, the Federal High Court, Abuja in the notice of consequences of disobedience to order of court warned Prof Yakubu that he would be “guilty of contempt of Court and liable to be committed to prison” if he fails “to obey the judgment orders.”
The notice, addressed to Prof Yakubu, read in part: “take notice that unless you obey the Orders contained in the Judgment of the 18th July 2024 made by Justice Egwuatu of the Federal High Court, Abuja in Suit Number: FHC/ABJ/CS/583/2023, a copy of which is hereto attached, you will be guilty of contempt of Court and will be liable to be committed to prison.”
The SERAP stated, “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function, if INEC and its chair routinely ignore and/or fail to abide by court orders.”
The statement, read in part: “Despite the service of the certified true copy of the judgment on INEC and Professor Yakubu, they have failed and/or refused to obey it.
“The recurring cases of electoral bribery and violence make a mockery of Nigeria’s electoral process and participatory democracy. The latest allegations of electoral offences in Edo state show that INEC has learnt little or nothing from the well-documented problems during the 2023 general elections.
“Ahead of the forthcoming governorship election in Ondo, INEC must turn the page on persistent electoral offences, end the impunity of perpetrators, and ensure citizens’ right to vote and political participation.”
Justice Egwuatu’s judgment, reads in part: “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.
“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.
“There is no doubt that the Electoral Act 2022 created 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.”
Justice Egwuatu granted the following orders of mandamus against INEC (the Judgment Debtor):
AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to seek the appointment of independent counsel to investigate allegations of electoral offences including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.
AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.
AN ORDER OF MANDAMUS is hereby made directing and compelling INEC to swiftly, prosecute all arrested electoral offenders in the just concluded 2023 general election in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies.
Recall that the SERAP had on 20 July 2024 requested Prof Yakubu to “use his good offices and leadership position to immediately enforce the judgment ordering INEC to pursue cases of electoral offences including bribery against state governors and their deputies during the chaotic 2023 general elections.”
The SERAP brought the contempt lawsuit against the INEC and Prof Yakubu pursuant to section 72 of the Sheriff and Civil Process Act and Order IX, Rule 13 of the Judgment (Enforcement) Rules of Court.
No date has been fixed for the hearing of the contempt suit.
Crime
Troops Neutralise 13 IPOB Members, Apprehend 3 Kidnappers
The quest for peace in the southeast of Nigeria has seen troops of the Joint Task Force South-East, “Operation UDO KA,” take out 13 armed members of the Indigenous People of Biafra (IPOB) and arrest three kidnappers.
The task force Spokesman, Lt. Col. Jonah Unuakhalu, revealed this in a statement in Enugu, on Monday.
According to him, the feat was in furtherance of the troops’ clearance operations to make the southeast safe and peaceful throughout the festive season.
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Lt. Col. Unuakhalu said that the Force Commander, Maj. Gen. Hassan Dada, had called on all well-meaning citizens to continue to support the joint task force.
He opined that citizens of the southeast can do this by providing timely, reliable, and credible information.
In his words, “Remember, security is everybody’s business. It is not in the hands of security agencies alone.
“When you see something, say something by calling the JTF Operation UDO KA’s toll-free line -193 and press Option 2 — to speak directly to Headquarters Operation UDO KA.”
Offering more details, Lt. Col. Unuakhalu said that troops of Sector 1 of the task force on December 21, conducted an ambush operation along Amouka-Umouka Road in 9th Mile, Udi Local Government Area of Enugu State, to deny kidnappers freedom of action.
In the course of the operation, he asserted, troops came into contact with the kidnappers, and in a firefight ensued, and the troops neutralised one while others escaped with gunshot wounds.
“Items recovered at the scene were: one AK-47 rifle, two magazines, and 17 rounds of 7.62mm Special ammunition; two cell phones; one power bank; three ATM cards; one wristwatch; a bunch of keys; and the sum of N8,900,” he said.
He added that on December 16, troops of Sector 5 conducted a clearance operation within Mbosi and Isseke general areas in the Ihiala Local Government Area of Anambra, where three IPOB members were neutralised.
“Items recovered included: one AK-47 rifle, two loaded AK-47 magazines, and three Dane guns, while a house belonging to one of the irredentist commanders and a shrine used for their fortification were destroyed.
“The gallant troops had earlier recovered five water gel Improvised Explosive Devices (IEDs) and two batteries used for detonating the IEDs while on routine patrol along roads within Ihiala-Orlu, Lilu, Agba Lilu, and Orsumoghu general areas in Anambra State,” he added.
In a related development, he explained that on December 14, troops acting on credible and reliable information from members of the public arrested three suspected kidnappers at Itungwa in the Obingwa Local Government Area of Abia.
He said that on receiving the information about the movement of the suspected kidnappers, troops quickly mounted a snap checkpoint to apprehend the suspects.
“The suspects operating in a stolen tricycle on sighting the troops attempted to make a U-turn but were apprehended.
“Items recovered included: one AK-47 rifle, one G3 rifle, one locally-made single-barrel pistol, 10 rounds of 7.62mm ammunition, 34 rounds of 5.5mm ammunition, two AK-47 rifle magazines, two G3 rifle magazines, and one live cartridge.
“Other items recovered were: one mobile phone, the sum of N6,600, and two Knapsack bags used for concealing the weapons,” he said.
Crime
#EndBadGovernance Protests: NPF Shreds Amnesty’s Report, To Demand Retraction, Apology
The Nigeria Police Force (NPF) has urged the public to disregard the Amnesty International’s (AI) report on the #EndBadGovernance protests, which it described as false, misleading and calculated to tarnish its image.
The NPF has demanded an apology from the AI for its report dated November 28, 2024.
Biztellers reports that in the report, the AI accused the NPF of extrajudicial killings during the #EndBadGovernance protests, and that at least 24 lives were lost in six northern states.
The report, now being refuted by the NPF was titled “Bloody August: Nigeria Government’s Violent Crackdown on #EndBadGovernance Protests”.
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The NPF maintained that its findings were at variance with the AI’s allegations.
The NPF’s position was made public on Sunday by its Spokesperson, Muyiwa Adejobi during a media briefing in Abuja.
Adejobi asserted that a special investigative panel had been constituted to verify the claims.
He highlighted that the Police’s panel, in collaboration with commissioners of police from the affected states, conducted extensive investigations and compiled a comprehensive report which pointed out inaccuracies in the AI’s allegations.
In his words, “Amnesty International is advised to reflect on its frequent false reporting on Nigeria’s law enforcement activities and ensure its reports are accurate and contain a true and fair representation of events affecting national security and public safety.
“Accurate reporting of facts is essential to the integrity of any international organisation, and Amnesty International should not be an exception.”
Adejobi added that the Police would write to demand a retraction of the report as well as a public apology for the alleged inaccuracies.
“The Nigeria Police Force will, in due course, write to Amnesty International to demand the retraction of this report from the public domain along with a public apology. The Nigeria Police Force remains resolute in protecting the rights of all citizens while ensuring the security and stability of the nation.
“We, therefore, urge the public to be wary of sensational reports designed to incite mistrust and weaken confidence in law enforcement institutions,” Adejobi said.
On the Police’s findings in Borno, Adejobi maintained that the Police didn’t use grenades as claimed by the organisation.
He said, “In Borno State, it was established that the protesters were violent, engaging in widespread looting, pillaging, and wanton destruction of public and private property.
“For example, the Skill Acquisition Centre of the United Nations High Commission for Refugees was looted and vandalised.
“The warehouse of the World Food Programme, located on Baga/Maimalari Barracks Road, Maiduguri, was also looted, with several items belonging to the international organisation destroyed and stolen by some of the protesters.
“Therefore, the claims by Amnesty International that the police threw a hand grenade from a convoy of vehicles into a filling station killing three persons is a blatant falsehood and leaves right-thinking members of society dismayed at this reported falsehood by an international agency that ought to act in accordance with international norms and standards of fair and honest reporting of human rights violations in the country.”
On Niger State, Adejobi said the claim that three individuals were shot dead in Suleja was debunked in the police findings.
Adejobi said the alleged killing of a 21-year-old in Katsina was also found to be unsubstantiated, adding that local sources confirmed that no such incident occurred.
In the same vein, on Kaduna State, Adejobi asserted that contrary to the AI’s report, no protests occurred in Kaduna on October 1, 2024, and no police killings were recorded.
He said instead, an incident involving the Nigerian Army (NA) was identified and openly investigated.
According to Adejobi, the AI reported the deaths of two women and a man during protests in Jigawa, but the Police’s investigations revealed no such killings, and evidence suggested that the lone fatality was caused by protester violence, not Police action.
On Kano State, Adejobi said the report alleged 12 deaths in Kano due to police actions, stating that investigations indicated that these deaths resulted from violent confrontations involving looters and criminals, not the Police’s activity.
Crime
Man Arrested After Attempting To Divert Mexico Flight To U.S
Authorities in Mexico arrested a 31-year-old man on Sunday after he attempted to redirect a domestic flight to the United States, forcing an emergency landing in Guadalajara.
The Volaris Airbus A320 had departed from León, Guanajuato, at 7:17 a.m. local time and was bound for Tijuana.
However, about 45 minutes into the journey, the flight was diverted after the man tried to gain access to the cockpit.
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According to the Secretariat of Security and Civilian Protection, the man “assaulted a flight attendant and attempted to enter the cockpit to divert the flight to the United States.”
The crew, who managed to subdue the suspect, issued an alert to make an emergency landing at Guadalajara International Airport.
The man, reportedly traveling with family, was taken into custody upon landing.
In a statement, Volaris said the suspect claimed to have been acting under duress.
“The aggressor told them a close relative had been kidnapped and, upon taking off from León, was threatened to be killed if he went to Tijuana,” the airline said.
Authorities have not disclosed how many passengers were on board.
The flight resumed its journey to Tijuana after the incident, arriving without further complications.