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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.
Former Minister of Petroleum Resources, Diezani Alison-Madueke, has approached the Federal High Court in Abuja, seeking an order to stop the Economic and Financial Crimes Commission (EFCC) from selling off properties confiscated from her.
Alison-Madueke, through her legal team led by Chief Mike Ozekhome (SAN), also requested the court to compel the EFCC to recover any assets already auctioned.
She accused the anti-graft agency of violating her fundamental right to a fair hearing, arguing that the sales were conducted without due legal process.
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She claimed the EFCC relied on final forfeiture orders obtained from various courts but failed to serve her with any charges, proof of evidence, or court summons regarding the seized properties.
According to her, the forfeiture orders were secured through “misstatements, misrepresentations, non-disclosure, concealment, and suppression of material facts.”
“In many cases, the final forfeiture orders were made against properties which affected the Applicant’s interest, the courts were misled into making the final order of forfeiture against the Applicant, based on suppression or non-disclosure of material facts,” she stated.
The former minister further argued that the courts which issued the forfeiture orders lacked jurisdiction and failed to respect her constitutional right to a fair hearing.
She insisted that she was outside Nigeria for medical treatment since 2015 and had no access to Nigerian newspapers where the forfeiture notices were reportedly published.
Alison-Madueke also maintained that she had not been convicted of any crime, making the forfeiture and subsequent sale of her properties unjustifiable.
“Only a court of law can declare an act as constituting unlawful activities and there was no such order that had declared the alleged conduct of the Applicant to be unlawful,” she argued.
In a counter-affidavit, the EFCC insisted that the properties were lawfully forfeited following extensive investigations into Alison-Madueke’s tenure as a public official.
The agency cited two criminal cases against her, including suit FHC/ABJ/CR/208/2018 filed in November 2018 and HC/ADYL/56c/2017 filed in July 2017.
The EFCC stated that the asset sales were conducted based on final forfeiture orders issued by Justices C.A. Obiozor and I.N. Oweibo in 2019.
It maintained that all necessary legal procedures were followed, including public notices in newspapers inviting interested parties to contest the forfeitures.
“The final forfeiture orders pursuant to which the sale of the properties was conducted are still in force and have not been set aside. The forfeited properties were disposed of in accordance with the due process of law,” the agency stated.
During Monday’s proceedings, Alison-Madueke’s lawyer, Godwin Iyibor, requested additional time to respond to the EFCC’s counter-affidavit, which was served on March 14. EFCC’s counsel, Divine Okoro, acknowledged delays in filing but assured the court of the agency’s commitment to the case.
Justice Inyang Ekwo adjourned the matter to March 27 for a definite hearing, warning that no further delays would be entertained. “The case has been pending since 2023,” the judge noted.
Alison-Madueke’s legal battle with the EFCC also includes a separate ₦100 billion defamation lawsuit against the agency.
In that suit, she alleged that the EFCC had authored and sponsored publications portraying her as a treasury looter, which she claimed subjected her to “public ridicule, odium, contempt, derision, and obloquy.”
Kano State Governor, Abba Yusuf, has issued a three-month ultimatum to individuals who purchased houses in Kwankwasiyya, Amana, and Bandirawo cities, warning that failure to either occupy or rent them out will lead to revocation and reallocation.
The directive was announced on Monday during the swearing-in ceremony of the newly appointed Commissioner for Housing Development, Ibrahim Adamu, a former Managing Director of the Kano Urban Property Development Authority.
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Governor Yusuf expressed concern over the large number of vacant houses in these estates, which were developed during the administration of former Governor Rabi’u Kwankwaso and later sold to private buyers.
Many of the homes, however, remain unoccupied, raising fears of deterioration and potential security threats.
“We are giving all those who purchased houses in these cities, especially Kwankwasiyya and Amana, an ultimatum—either occupy them or rent them out. If not, the government will revoke the allocation and sell them to those willing to live in them,” the governor declared.
He emphasized that his administration would not allow these estates to become hideouts for criminals, stressing the need to maximize available housing to address the state’s accommodation challenges.
Governor Yusuf also tasked the new Commissioner for Housing Development with tackling Kano’s housing deficit, reaffirming that the ministry was created to address both urban and rural housing needs.
Additionally, he commended the Kano State House of Assembly for their support and cooperation in governance.
The ruling All Progressives Congress (APC) has shred Mal Nasir El-Rufai over his assertion that the party had deviated from its original goals, with many members now in pursuit of personal interests.
This was detailed in a statement on Monday, in Abuja under the signature of its National Publicity Secretary, Felix Morka, Esq.
Morka maintained that El-Rufai’s “claim that he exited because the Party had deviated from its founding values or progressive ideology is a smokescreen to weaponise personal grievance garbed as principled dissent. El-Rufai appears traumatised by his failure to land a ministerial position. Nursing a bruised ego, he now lashes out at the platform he rode to political prominence.”
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Issued under the subject, ‘APC to Mallam Nasir El-Rufai: Quit Sulking, Get a Grip, Salvage Some Responsibility, the statement reads, “In his frenzied attempt to justify his rather implausible exit from the All Progressives Party (APC), Mallam Nasir El-Rufai, former Governor of Kaduna State, in an interview with BBC Hausa, opined that APC has deviated from the progressive ideals of its founders and turned into a party where “everyone is now pursuing personal interests.”
In a once viral video, El-Rufai did not hold back when he deprecated politicians, who he argued were consumed by the pursuit of self-interest. In his words, “We have politics of private interest. We have no politics of public interest. Politicians will proudly tell you that politics is about interest. They are ready to collapse the system if they don’t get what they want.”
Today, El-Rufai stands diminished as the epitome of a self-interested politician, blinded by ego, driven by untamed emotion, and brimming with a vengeful desire to “collapse the system.”
In his BBC interview under reference, El-Rufai supplied the real reason for his soreness, stating that he was disappointed by the way he was treated by President Bola Tinubu and his administration, in ostensible reference to his failed ministerial bid. His claim that he exited because the Party had deviated from its founding values or progressive ideology is a smokescreen to weaponise personal grievance garbed as principled dissent. El-Rufai appears traumatised by his failure to land a ministerial position. Nursing a bruised ego, he now lashes out at the platform he rode to political prominence.
APC’s commitment to its founding values and ideals remains as valid and progressive today as they were then. El-Rufai’s allegation of a drift from our Party’s founding values exists only in his foggy imagination. Assuming that matters of political conviction had anything to do with his exit, exactly how is the Social Democratic Party (SDP), El-Rufai’s new political abode, an ideological safe haven?
El-Rufai’s call for opposition members to join him under SDP banner is nothing short of an invitation to drink from a chalice poisoned by selfishness, vengefulness, and delusion of grandeur. Nigerians are far more savvy than El-Rufai thinks, and they know that he is driven by raw self-interest rather than a genuine concern for the country.
Our great Party is unfazed by El-Rufai’s grudge-laden tirade. We continue to welcome millions of new members across the country, who are joining to identify with the Party’s lofty values and support President Tinubu’s bold and transformative policies now birthing sustainable growth and prosperity for our country.
El-Rufai’s claim that Tinubu has failed is as outrageous as it is bogus, and a gross distortion of the reality on the ground. Across all sectors, Nigerians are witnessing tangible progress in the delivery of the President’s campaign promises. Indisputably, Nigeria is better off today than when he took office.
President Tinubu has demonstrated an ironclad commitment to good governance and launched unprecedented policy reforms to address the country’s generational challenges. The removal of fuel subsidy now saves Nigeria an estimated ₦4 trillion annually. The unification of exchange rates has resulted in higher foreign exchange inflow, while the country’s foreign reserves have shown resilient growth despite global economic pressures. President Tinubu’s financial diplomacy has attracted significant foreign direct investment, and reforms in customs and taxation have led to a massive increase in non-oil revenues, while sustained reform in the oil and gas sector has led to a historic boost in the country’s oil export, now upwards of 1.8 million barrels per day.
The President’s strong political will to re-imagine and revitalize Nigeria’s economy is paying off with significant improvement in the country’s GDP growth rate now surging to 3.8% year-on-year in Q4 2024, up from 3.46% in the previous quarter, marking the highest growth rate posted since Q4 2021. This is a direct outcome of the administration’s prudent economic policies and providing a favorable business environment that is widely applauded by the international financial and investment community.
Further, Nigeria’s balance of payment has seen remarkable improvement, with a substantial trade surplus of $14.31 billion in 2024. This is a result of the administration’s vigorous promotion of non-oil exports, reduced reliance on imported goods, and diversification of the country’s economy.
This impressive performance precedes an impending data overhaul, which may reveal an economy that is larger than initially estimated. Prospects for further growth is assuredly bright, with real GDP projected to increase from 3.0% in 2024 to 3.6% in 2025, according to Afreximbank Trade Intelligence Solutions.
In addition, under President Tinubu’s steady leadership, state and local governments now receive vastly higher allocations from the Federation Accounts Allocation Committee (FAAC), enabling them to extend development to their people. This increased funding has become a potential game-changer for grassroots development, making it possible to execute critical projects and provide essential services to all Nigerians.
Nigerians do not doubt President Tinubu’s uncompromising commitment to economic reform, good governance, and improving their welfare. Rather than engaging in scurrilous propaganda and deliberate misinformation, El-Rufai should offer constructive criticism or alternative policies as expected of serious-minded political opposition. His misleading rhetoric and personal attacks on the president are reprehensible and calculated to undermine the country’s progress.
El-Rufai is free to choose his political affiliation, as he has done. He should stop sulking, get a grip, and salvage some respectability.
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