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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.
Nigeria’s Vice President, Kashim Shettima has assured Nigerians of the federal government’s dedication to national security, economic transformation, and welfare of the citizens.
This was detailed in a Christmas message on Wednesday afternoon in Abuja under the signature of the Senior Special Assistant to The President on Media & Communications (Office of The Vice President), Stanley Nkwocha.
According to the Vice President, the administration of President Bola Ahmed Tinubu remains unwavering in its focus on these critical areas, as the country looks forward to the dawn of a new year.
ALSO READ: Tinubu Sends Hearty Christmas Greetings To Christians Worldwide
He said, “In these times of economic transformation, I want to assure you that the President Bola Ahmed Tinubu administration remains steadfast in its commitment to improving the lives of all Nigerians.”
Vice President Shettima particularly urged the citizens to imbibe the virtues of national unity during the yuletide season.
“Nigeria’s diversity remains our greatest strength. Let us avail ourselves of the time provided by the holiday season to strengthen the bonds of brotherhood that unite us across all faiths and regions,” he said.
Senator Shettima assured Nigerians of the continued vigilance of the nation’s security forces, noting that “our brave security personnel will continue to work round the clock during this festive period to keep us safe.”
He said enhanced security measures have been put in place to protect the citizens during the holiday period.
“The relevant agencies have been mobilized to ensure your safety and comfort on all major routes,” he stated, urging travelers to remain vigilant.
VP Shettima expressed optimism about the nation’s trajectory in the coming year, saying, “I am filled with hope and optimism about Nigeria’s future. Together, we will build a more prosperous and united nation.
“To our young people, you are the backbone of our nation. The Renewed Hope administration is implementing various initiatives to create opportunities for you to thrive and contribute to Nigeria’s development,” he added.
Osun State Governor, Senator Ademola Adeleke has felicitated Christians in Osun State and beyond on the occasion of the 2024 Christmas celebration, urging them to follow Jesus Christ’s example of compassion and tolerance.
Biztellers reports that Gov Adeleke described the birth of Jesus Christ as a defining moment for mankind, in a statement in Osogbo on Tuesday.
He described the festive season as a solemn reminder of the power of love and how it can save humanity.
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While recognising unity and togetherness as an important message that Jesus Christ’s life resonates, Gov Adeleke charged Osun people, particularly Christians, to draw from the spiritual import of the celebration by sharing love and fostering harmony in communities.
In his words, “I extend my warm wishes to Christian faithful in Osun state and beyond as we mark this year’s Christmas. The birth of Jesus Christ is a manifestation of the power of love and remind us of the essence of compassion,” the Governor noted in his message.
“In the mood of celebration, I urge us to take a moment to reflect on the message of renewal that the birth of Jesus Christ signifies, promoting activities that will unite not divide, build not destroy, and bring peace not conflict.
“It is also my sincere appeal that we extend hands of kindness to the needy and the weak in the society, spreading love and generosity beyond borders. That is the essence of Christmas and it is most essential that at a time like this, no one is left to their fate.”
Archbishop Alfred Adewale Martins, of the Catholic Archdiocese of Lagos, has enjoined all Nigerian leaders to be more sensitive to the yearnings of the people for a better life.
This was contained in a 2024 Christmas Message to Nigerians issued in Lagos under the signature of the Director of Social Communications, Very Rev. Fr. Anthony Godonu.
According to the Archbishop there is an urgent need for a better enabling environment to allow businesses thrive in a bid to reduce the high rate of unemployment and the grinding poverty in the land.
He urged leaders to prioritise the welfare of citizens over personal needs in addressing the widespread hunger, poverty, joblessness, and insecurity ravaging the nation.
ALSO READ: Tinubu Sends Hearty Christmas Greetings To Christians Worldwide
In his words, “Even in the face of policies that are deemed to have positive results in the long-term, such as the removal of fuel subsidies, floating of the naira and the new tax reforms initiative, governments must ensure that the immediate welfare of people is not neglected but factored into the planning and execution of such policies. This is necessary, if the people for whom the policies are being made are not to die before the positive results begin to manifest.
“At the same time, government spending must be prudent and compassionate. In addition, it is necessary to pay more attention to the agricultural sector so that food security can be ensured for overall benefit.”
The Prelate described as very sad and depressing the recent loss of several lives of innocent Nigerians in Ibadan, Abuja, and Anambra in their quest to access food palliatives owing to pervading hunger across the country.
He considered it worrisome that many Nigerians now find it difficult to purchase necessities of life, especially during this festive season that should be a period of merriment, sharing of love, food, and other essentials, which are the hallmarks of the Christmas season.
To forestall a reoccurrence of such ugly incidents, the prelate urged governments, at both federal and state levels, as well as the legislative assemblies, to identify and quickly fix the loopholes in the polity that are responsible for the massive poverty and hardship which Nigerians are facing.
He advocated the appraisal of the nation’s existing laws and enactment and enforcement of only proactive policies that would open the business environment, attract investors, and create more jobs so that the citizens can afford their basic needs; rather than depend on palliatives that offer only temporary relief.
The prelate urged substantial investments in the agricultural sector of the economy to ensure the availability of basic foodstuffs; thereby reducing the high cost of essential food items like rice, beans, onions and grains.
“If citizens have food in their homes, people will not endanger their lives while scrambling for palliatives in the way it happened,” he noted with sadness.
While praying for the souls of those who died in the recent stampedes in parts of the country, he also commiserated with those who lost their loved ones, praying that Jesus, the Prince of Peace would bring solace to the afflicted, comfort to the grieving, and hope to the despairing.
“This special season reminds us of the profound love of God, who sent His only Son to redeem humanity. May the light of Christ illuminate our lives, dispel darkness, and fill our hearts with love, compassion, and kindness. As we gather with family and friends, let us not forget those who are less fortunate, the vulnerable and the marginalised. May our celebration be a catalyst for acts of charity, generosity, and solidarity,” he stated.
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