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Off-cycle Elections: SERAP Drags INEC To Court Over Offenders In Bayelsa, Kogi, Imo States
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Independent National Electoral Commission (INEC) “over the failure to arrest and prosecute suspected perpetrators of grave electoral offences in the recently concluded off-cycle governorship elections in Kogi, Imo and Bayelsa States.”
In the suit number FHC/ABJ/CS/1694/2023 filed last Friday at the Federal High Court in Abuja, SERAP is seeking: “an order of mandamus to direct and compel INEC to probe the allegations of electoral offences including electoral violence, in the off-cycle governorship elections in Kogi, Imo and Bayelsa states.”
SERAP is seeking: “an order of mandamus to compel INEC to promptly and effectively prosecute suspected perpetrators of these grave electoral offences, and bring to justice anyone who sponsored, aided and abetted them.”
SERAP is also seeking: “an order of mandamus to compel INEC to disclose spending details on the off-cycle governorship elections in Kogi, Imo and Bayelsa States, including the specific amount spent to conduct voter and civic education and details of the activities carried out in the three states.”
In the suit, SERAP is arguing that: “There is a legitimate public interest in ensuring accountability for the grave electoral offences in Kogi, Imo and Bayelsa States. Granting the reliefs sought would compel INEC to live up to its constitutional and statutory responsibilities and end the impunity of electoral offenders.”
SERAP is also arguing that, “The recurring cases of electoral bribery and violence make a mockery of Nigeria’s electoral process and participatory democracy. The electoral offences in Bayelsa, Kogi and Imo states show that INEC has learnt little or nothing from the well-documented problems during the 2023 general elections.”
According to SERAP, “Unless INEC is compelled to arrest and prosecute suspected electoral offenders and their sponsors in the elections Kogi, Imo and Bayelsa States, perpetrators would continue to enjoy impunity for their crimes.”
SERAP is arguing that, “Many years of allegations of electoral offences and the impunity of perpetrators and their sponsors have continued to undermine public trust and confidence in the electoral process and citizens’ right to participation.”
SERAP is also arguing that, “Electoral integrity is critical to a legitimate democracy. When the integrity of that process is compromised, the legitimacy of the government and the public confidence in public institutions is seriously undermined.”
The suit filed on behalf of SERAP by its lawyers, Kolawole Oluwadare and Andrew Nwankwo, read in part: “INEC has constitutional and statutory duties to ensure accountability for electoral offences in the country, and to guarantee the effective enjoyment of the citizens’ right to vote in future elections.
“The right to vote is fundamental and is the essence of a democratic society, and any restrictions on that right strike at the heart of representative government. Nigerians should have the final say in the election of governmental officials.
“Persistent cases of electoral offences in the country’s elections gravely violate Nigerians’ right to vote, which is central to the effective participation of every citizen.
“Unless INEC is compelled to arrest and prosecute suspected electoral offenders and their sponsors, impunity for these crimes against the Nigerian people will continue. And citizens will continue to lose confidence in the electoral process.
“Nigerians have the right to know how INEC is spending public funds in the discharge of its constitutional and statutory responsibilities. It is in the public interest to compel INEC to publish spending details on the elections in the three states.
“Electoral bribery and violence and other electoral offences undermine the ability of INEC to discharge its responsibilities under Section 153 of the Nigerian Constitution and paragraph 15(a) of the third schedule of the Constitution, and the Electoral Act.
“Allegations of electoral offences during the off-cycle governorship elections in the three states are contrary to the Nigerian Constitution, the Electoral Act and international standards.
“The Nigerian Constitution provides in Section 14(1)(c) that, ‘the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution.’
“Sections 121 and 127 of the Electoral Act prohibit electoral bribery and undue influence before, during and after any election. Section 145(2) provides that, ‘a prosecution under this Act shall be undertaken by legal officers of the Commission or any legal practitioner appointed by it.’
“Under section 2(a) and (b), the commission ‘shall have power to conduct voter and civic education and to promote knowledge of sound democratic election processes.’
“The crisis confronting the country’s elections and lack of public trust and confidence in the electoral process can be addressed if impunity for electoral offences is combated through the arrest and prosecution of suspected perpetrators.
“According to our information, the governorship elections in Kogi, Imo and Bayelsa States witnessed cases of electoral offences including electoral violence, vote-buying, conspiracy, and undue influence.
“There are reports of specific cases of pre-completed result sheets including in five local government areas of Kogi State – Adavi, Ajaokuta, Ogori/Magongo, Okehi and Okene.
“Suspected political thugs reportedly harassed journalists covering the governorship election in Omuma Community in Oru East Local Government Area of Imo State. INEC official in the Oguta Local Government Area (LGA) of Imo State also alleged that some men invaded her polling unit and carted away result sheets.
“According to the Centre for Democracy and Development (CDD), there were several reports of electoral violence and vote buying across the three states. For example, there were reports of incidents in PU 1, Ward 8 and PU 11, Ward 1 in Sagbama LGA in Bayelsa West.
“In Bayelsa Central, vote trading was reported in PU 16, Ward 6 in Yenegoa LGA, PU 22, PU 30 and 31, Ward 13 in Southern Ijaw LGA with reports of voter inducements ranging from N5,000 – N22,000, and items such as wrappers and rice were also reportedly shared to buy votes.
“In Kogi, there were reports of vote buying in PUs 004, 038 and 039 in Ward A of Lokoja LGA, where party agents were allegedly sharing out money to voters upon confirmation that they voted for their party candidates.
“In Imo, the two major parties’ agents reportedly engaged in vote buying, sharing between N2000 to N3000. INEC officials were reportedly bribed. Electoral violence was reported in Dekini LGA, town where a thug was reportedly shot and killed by military officials while fleeing in an attempt to snatch a ballot box.
“INEC presiding officer was also reportedly abducted in Bayelsa while on his way to the Registration Area Centre – 06 (Ossioma) in Sagbama Local Government Area.
“There are reports of thugs attacking several polling units in the three states.”
No date has been fixed for the hearing of the suit.
As part of efforts to address the long-standing plight of retired civil servants, Edo State Governor, Senator Monday Okpebholo has approved the payment of outstanding gratuities dating back to 2012.
According to a government house statement on Monday, the state government has, therefore, commenced the disbursement of N1 billion as the first batch of payments, fulfilling a commitment to clear the backlog inherited from previous administrations.
Gov Okpebholo emphasized his administration’s resolve to prioritize the welfare of retired civil servants who have dedicated their years of service to the state.
He noted that “For over a decade, many of our retirees have suffered due to the non-payment of their gratuities. This administration is putting an end to that hardship. I have approved the release of N1 billion for the first phase of payments, and we will not rest until all outstanding entitlements are cleared.”
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The Governor reiterated that his administration is committed to restoring the dignity of pensioners by ensuring that they receive their due benefits without further delay.
“We recognize the sacrifices made by our retirees, and it is unacceptable that they have had to wait this long for what is rightfully theirs. Our administration will not only clear these arrears but will also put measures in place to ensure such delays do not happen in the future,” Gov Okpebholo added.
He reaffirmed that his administration’s goal is to clear all outstanding gratuities in phases, ensuring that retirees enjoy the fruits of their labour.
The Governor further assured that the disbursement process will be transparent and fair, with pensioners receiving payments in batches based on a structured verification process.
“This is just the beginning. We will not abandon our pensioners. We are determined to ensure that those who served Edo State diligently are treated with the respect and care they deserve,” he concluded.
The Federal Government has reaffirmed its support for the rights of Nigerian citizens, especially young people, to stage protests and express their dissatisfaction with pressing national issues.
However, it cautioned that such actions must remain peaceful and must not result in the destruction of public infrastructure.
Minister of Youth Development, Comrade Ayodele Olawande, made this known in Abuja on Monday in response to recent youth-led protests across parts of the country.
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“Everyone has the right to protest. In fact, if I had the time, I would join the protest myself. There is freedom of expression for all. The young people who are protesting have valid reasons, they see certain issues and feel the need to speak up,” Olawande said.
While backing the right to demonstrate, the minister emphasized the importance of maintaining peace and order during such actions.
He warned that any attempt to damage national infrastructure under the guise of protest would not be tolerated.
“However, while exercising this right, let it not escalate into something else. We will not allow anyone to destroy the infrastructural developments that support our economy and the progress we’ve made in this country,” he stated.
He further urged protesters to express their concerns in ways that do not obstruct public movement or endanger lives, suggesting that peaceful advocacy is more effective and likely to attract genuine attention from authorities.
“Yes, you have the right to speak, to come out and make your voice heard even to stand by the roadside but do not block the roads. Find a peaceful way to express your concerns; people will listen. If I have the opportunity, I’ll be there to speak with them as well.”
Olawande assured that the government is not opposed to demonstrations, but stressed that such activities must be carried out with a sense of responsibility and respect for public property.
“Protesting is a normal part of any society, and we are here to listen. No government is saying you shouldn’t protest but there must be limits and a sense of responsibility,” he added.
Edo State Governor, Senator Monday Okpebholo, is of the view that a wave of massive defections will soon hit opposition political parties in the South-South zone ahead of Nigeria’s 2027 elections.
He bared his mind over the weekend at a special reception in his honour at Ewatto, Esan South East local government area of Edo State after his victory at the election petition tribunal ruling.
He expressed gratitude to Edo people for their support, prayers, and counting him worthy to lead the State and assured the people that Edo would progress and develop under his watch.
In his words, “The people of Edo State will not regret voting me as their Governor. I am happy today that l am in a winning party. A party that was rejected by all and now has become the party that everybody wants to join. APC has come to stay as the government at the center is APC.
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“Very soon, there will be a lot of defections into the APC. People will move and cross carpet from PDP, LP and other opposition parties into the APC and that will be the beginning of South South keying into the reform agenda of President Bola Ahmed Tinubu.
“Today, I am happy and proud to say that I am a son to the President of the Federal Republic of Nigeria. I am also proud to say I carry uncommon grace and uncommon transformation which I am already using to transform and develop Edo State.
“Words that come out of my mouth are prophetic and i am using these words to develop Edo State. My administration is working to ensure motorable roads and reducing traveling time for our people.
“Our development is also covering other neighboring States because South South must speak with one voice as we approach 2027.”
He had kind words for the royal fathers.
“I want to use this opportunity to appreciate our royal fathers for their support and prayers. I also appreciate Edo people for finding me worthy to cast their votes for me on September 21st governorship election in Edo State.
“It is not easy to run two elections in a year and win the two offices. I give God the glory. I am not the talking type and never interested in politics, but really want to develop Edo State.
“In 2021, we looked for an Esan man that would contest for Senate and we did not find any one who wanted to contest under the All Progressives Congress (APC) as everyone wanted to contest under the Peoples Democratic Party (PDP).
“The drive to contest came in 2022 when some people came to appeal to me to contest for the Senate and our discussion became an eye opener which led me into contesting for the Senate seat.
“I lost a beloved sister due to bad water which she consumed and I vowed to ensure good water is available across the State.
“I am really going to ensure good water runs in Edo State. Our development will not just be roads, schools, healthcare, providing the people with good drinking water across the State.”
The Governor and his entourage visited the place of the Onojie of Ewatto, HRH Osagie Sylvanus Ikhumen I, who was joined by other traditional rulers from Edo Central who received the Governor and prayed for the success of his administration.
He also inspected Chief Lee Ikpea’s Medical Center, Idumuiyase, Ewatto, where he was taken round the facility of the hospital, which is yet to be completed by the donor, Dr. Lemon Ikpea.
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