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) has withdrawn the arrest warrant issued against Ezekiel Thankgod, the former manager of renowned gospel singer, Mercy Chinwo.
Biztellers reports that Thankgod is facing allegations of involvement in a $345,000 fraud case.
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The arrest warrant had been issued by Justice Alexander Owoeye of the Federal High Court on January 16, 2025, following an ex parte application by the EFCC seeking to compel Thankgod’s appearance in court.
During a court session on Friday, EFCC counsel, Mrs. Bilikisu Buhari, applied to withdraw the warrant, stating that the charges had already been served on Thankgod’s lawyer, Mr. Monday Ubani, SAN, during open court proceedings.
She argued that the warrant was no longer necessary.
Justice Owoeye granted the application and formally vacated the bench warrant.
Oba Otudeko, Chairman of Honeywell Group, appeared in the Federal High Court in Lagos on Monday to challenge charges of N12.3 billion fraud.
Biztellers reports that the Economic and Financial Crimes Commission (EFCC) had filed a 13-count indictment against Otudeko, along with Olabisi Onasanya, former Managing Director of FirstBank Plc., Soji Akintayo, a former board member of Honeywell, and Anchorage Leisure Ltd.
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During the proceedings, the defendants’ lawyer, Mr. Bode Olanipekun (SAN), raised an objection, stating that the charge had not been properly served to Otudeko or his co-defendants.
Olanipekun emphasized this issue as a reason for protest in court.
The EFCC has accused the individuals and the company of fraudulently obtaining N12.3 billion under false pretenses.
More to follow………..
Crime
Arrested Boko Haram Suspects: Adeleke Commends Security Operatives, Assures Safety Of Residents
Osun State Governor, Senator Ademola Adeleke has commended the personnel of the Department of State Services (DSS), on the successful operation, that led to the arrest of 10 suspected members of Boko Haram/Islamic State’s West Africa Province (ISWAP) in Ilesa, Osun State.
Gov Adeleke expressed his feelings in a statement on micro-blogging site, X, on Saturday.
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According to the statement, Gov Adeleke hailed the alertness of security operatives, to eliminate the threats posed by the suspected terrorists, which gives further assurance that our security agencies are up to the task of sustaining peace and security of every part of Nigeria.
He particularly commended the intelligence gathering of the personnel of the State Service, who have painstakingly monitor the activities of the suspected criminals and moved swiftly to cut off their dastardly act.
“This is a welcome development and a big relief, not just for us as a government but to the people of the state and Nigeria in general. I commend the security operatives for their alertness and intelligence driven operation. We have absolute confidence in our security forces to keep protecting us”, Gov Adeleke declared.
He assured that his administration will continue to cooperate with security agencies and support their operations to ensure maximum protection of lives and property of Osun people, noting that this remains top of his priority.
“As the Chief Security Officer of Osun State, I will continue to give priority to issues of security of my people. I will continue to support efforts of security agencies to guard against any breakdown of law and order in any part of Osun. We will sustain the good relationship and collaboration that currently exists between our administration and the security agencies in the state” the Governor noted.
Gov Adeleke enjoined residents of Osun to continue to be watchful, and report any suspicious activity in their neighborhoods to relevant security agency, while assuring that Osun will continue to be a peaceful state under his watch.
“I hereby call on my people to continue to live in peace and harmony and be at alert to report any suspicious activities or behavior around them to the relevant security authorities. Together, we will ensure that Osun remains the most peaceful state in Nigeria” he concluded.
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