The Socio-Economic Rights and Accountability Project has initiated contempt proceedings against Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission , citing failure to investigate alleged electoral misconduct tied to the 2023 general elections.
According to SERAP, despite a July 18, 2024 court ruling by Justice Obiora Egwuatu of the Federal High Court in Abuja, INEC has not acted on allegations of electoral offences involving state governors and deputies, including accusations of bribery, vote-buying, and undue influence.
The ruling also directed INEC to appoint an independent counsel to pursue these investigations.
In a statement shared on Sunday, October 27, 2024, SERAP’s Deputy Director, Kolawole Oluwadare, stressed that INEC’s failure to implement the court’s judgement undermines the judicial process.
“It’s unacceptable to treat the court, which is the guardian of justice in this country, with disdain. A democratic state based on the rule of law cannot exist or function if INEC and its chairman routinely ignore and/or fail to abide by court orders,” Oluwadare stated.
SERAP underscored the ongoing impact of electoral misconduct on Nigeria’s democratic landscape. Referring to allegations of electoral offences in Edo State, the organization pointed out that such incidents demonstrate INEC’s continued inability to learn from past mistakes.
SERAP also called on INEC to prevent similar issues in the forthcoming Ondo State governorship election, emphasizing the need for electoral integrity and accountability.
“Electoral violence and related crimes are a major impediment to Nigeria’s democratic and economic development,” SERAP remarked, reiterating that its request for INEC’s adherence to the public duty mandated by the Electoral Act 2022 is “an expression of patriotism.”
Under sections 123 to 129 of the Electoral Act 2022, specific electoral offences are defined, with trials for these offences assigned to Magistrate or High Courts, depending on the location of the incident. “The law, therefore, mandates INEC to perform a public duty,” SERAP emphasized.
In its court submission, SERAP notified Professor Yakubu of the consequences for non-compliance with the July 2024 judgement, warning that “unless you obey the orders contained in the judgement… you will be guilty of contempt of court and liable to be committed to prison.”
Justice Egwuatu’s judgement highlighted SERAP’s concerns, noting, “The violence associated with elections in Nigeria tends to prevent citizens from exercising their franchise, obstructing credible elections and, by extension, credible leadership.”
A date has yet to be set for the hearing of SERAP’s contempt suit.
