The Socio-Economic Rights and Accountability Project (SERAP) has taken legal action against Professor Mahmood Yakubu, the Chairman of the Independent National Electoral Commission (INEC), by filing a contempt lawsuit in response to his failure to enforce a court ruling that mandates the investigation and prosecution of electoral offenders from the 2023 general elections.
The lawsuit stems from a judgment delivered on July 18, 2024, by Justice Obiora Egwuatu of the Federal High Court, which ordered INEC to actively pursue cases of electoral offenses, including bribery and vote-buying, particularly against state governors and their deputies. Despite this ruling, SERAP alleges that INEC has not complied with the court's directives, thereby undermining the integrity of Nigeria's electoral process.
In a statement issued today, SERAP Deputy Director Kolawole Oluwadare emphasized the seriousness of the situation, stating, "It is unacceptable for INEC to disregard the court's authority. A democratic state based on the rule of law cannot function if its electoral body routinely ignores court orders." The contempt suit highlights that unless INEC complies with the court's orders, Professor Yakubu could face imprisonment for contempt of court.
The court's judgment included specific directives for INEC to appoint independent counsel to investigate allegations of electoral misconduct and to ensure that all arrested offenders are prosecuted swiftly. SERAP has expressed concern that INEC's inaction contributes to ongoing electoral violence and impunity among offenders, particularly as evidenced by recent events in Edo State.
SERAP's letter dated September 28, 2024, warned that failure to comply with the court's ruling would result in further legal action. "Ignoring this judgment not only violates Section 287 of the Nigerian Constitution but also perpetuates a culture of impunity regarding electoral offenses," stated Oluwadare.