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.
The Economic and Financial Crimes Commission (EFCC) announced on Thursday that it is investigating several bank executives for various offenses.
The agency also reported that a preliminary investigation report on former Minister of Humanitarian Affairs, Betta Edu, has been submitted to President Bola Tinubu.
The EFCC disclosed that about five bank executives are currently serving jail terms in custodial centers across the country.
This was revealed by the Director of Public Affairs, Wilson Uwajaren, who highlighted the achievements of the commission under Ola Olukoyede’s leadership.
While Uwajaren did not disclose the names of the bank executives under investigation, he emphasized that the banking sector has not been overlooked in the past year.
He said, “It’s just for us to look back and realise that EFCC has never shifted focus from any sector. Between 2009 and 2011, at least five bank executives were investigated and served their jail terms. There are still some that are under investigation.
“They are not politicians. Bank MDs are not immune to investigations or prosecution by the EFCC. We cannot mention names until those things are concluded.“
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On Betta Edu, Uwajaren said, “I don’t know the outcome. But I believe that we have submitted a preliminary report to the president. And I believe that we are still on the matter.
“The last time I checked, we mentioned the number of bank accounts that we were monitoring. We were looking at about 140 accounts. And we know it takes time to look into and get the required information.”
On the investigation of controversial crossdresser Idris Okuneye, aka Bobrisky’s allegations, Uwujaren said he could face a fresh charge from the commission if the allegations against the EFCC are false.
Bobrisky had in a voice note shared by controversial social critic Martins Otse, aka VeryDarkMan, allegedly said he bribed EFCC officers with N15m to drop money laundering charges against him.
Although the EFCC denied the allegations, it set up a committee to investigate the matter.
Providing an update, Uwujaren stated that one could be charged for giving false information to the EFCC, let alone making false allegations against the commission.
He said, “There is a portion of the EFCC Act that states if you give false information, you can be tried, but in his case, it is an allegation against the agency. I don’t want to preempt the panel investigating the matter. Once we are through with the investigation, we will definitely brief you on the outcome.”
Reeling out the success of the commission under Olukoyede, Uwujaren said a total of ₦248bn has been recovered.
He also said four former governors and three former ministers have been prosecuted under Olukoyede.
Uwujaren said, “Ola Olukoyede’s one year as EFCC Chairman, beginning from October 18, 2023 to October 18, 2024, the Commission has charged four former governors, namely: Yahaya Adoza Bello (Kogi), Abdulfatah Ahmed (Kwara), Willie Obiano (Anambra) and Darius Dickson Ishaku (Taraba), to court for alleged corruption.
“Two former ministers of power have been arrested and facing prosecution by the Commission. They are Saleh Mamman and Olu Agunloye. A third is a former minister of aviation, Hadi Sirika.”
He also noted that in the past year, the EFCC, under Olukoyede’s watch, secured 3455 convictions across all categories of financial crimes and corruption.
“Also in the one year of Olukoyede’s leadership, the EFCC recorded $105,423,190.39; £ 53,133.64; €172,547.10; T1,300.00; CAD $ 3,400.00; ¥74,859:00 (Seventy-Four Thousand, Eight Hundred and Fifty-Nine Chinese Yuan); AUS $ 740:00; 170:00 UAE DIRHAM; 73,000:00 KOREAN WON; CFA 7,821,375:00 to R 50:00,” he added.
He said more than 35 were convicted for Naira abuse.
“The convicts cut across different classes of society, with Idris Okuneye (a.k.a. Bobrisky) and Oluwadarasimi Omoseyin, a Nollywood actress who bagged six months imprisonment, topping the chart of high-profile convicts in this regard. Another offender, Pascal Chibuike Okechukwu (a.k.a. Cubana Chief Priest), had his charges compounded and was fined,” he stated.
In a shocking incident that has captured widespread attention on social media, a young man and four of his friends tragically lost their lives after consuming pepper soup allegedly laced with poison.
The incident occurred on Saturday, October 26, in Auchi, Edo State.
According to reports gathered by BIZTELLERS, the suspect, identified only as Peculiar, is the ex-girlfriend of the young man.
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Sources indicate that she prepared the fatal dish in a bid to seek revenge for their broken relationship. The group had gathered to enjoy a meal together when they unknowingly consumed the tainted fish pepper soup.
As details of the case continue to emerge, it has been confirmed that Peculiar has been arrested by the Nigerian Army. Authorities are currently investigating the circumstances surrounding the incident, as friends and family mourn the loss of the young men.
As the community grapples with this heartbreaking loss, further updates on the investigation are expected in the coming days.
A Federal High Court in Port Harcourt has sentenced Henry Nathaniel Ekanem, a final-year student of the University of Port Harcourt, to 14 years in prison on charges of internet fraud.
Justice A.T. Mohammed delivered the sentence following Ekanem’s arraignment by the Economic and Financial Crimes Commission (EFCC) on seven counts related to impersonation and obtaining money under false pretenses.
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Ekanem was found guilty of defrauding multiple victims, including Diana Roskov, out of $22 and other sums.
According to the EFCC spokesperson, Dele Oyewale, Ekanem had posed as “Coran Capsha,” the manager of American musician Chris Stapleton, and used WhatsApp and Instagram to deceive his victims. Ekanem admitted his guilt when the charges were read in court.
Defense attorney F.T. Fred-Boufini pleaded for leniency, arguing that Ekanem had no prior criminal record and was a first-time offender.
However, Justice Mohammed imposed a two-year prison term for each of the seven counts, totaling 14 years, with an option for Ekanem to pay a fine of N200,000 per count to the Nigerian government.
The court also ordered the forfeiture of all mobile devices recovered from Ekanem, as they were classified as proceeds of crime.
Additionally, Ekanem must sign an affidavit of good behavior before the court as a condition for his release after serving his sentence or paying the fines.
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