The Chairman of INEC Faces a Jail Sentence for Failing to Bring Charges Against Electoral Offenders.

Mobolaji Michael The Socio-Economic Rights and Accountability Project (SERAP) has initiated a contempt lawsuit against Professor Mahmood Yakubu, the Chairman of the Independent National Electoral Commission (INEC), for his failure to investigate allegations of electoral offenses that occurred during the 2023 general elections. The organization asserts that he has not identified the suspected offenders or their sponsors, nor has he ensured their prosecution.

On July 18, 2024, Justice Obiora Atuegwu Egwuatu of the Federal High Court in Abuja mandated INEC to pursue investigations into bribery allegations involving state governors and their deputies, as well as other electoral offenses from the 2023 elections. Additionally, Justice Egwuatu instructed INEC to appoint an independent counsel to investigate claims of electoral misconduct, including bribery, vote-buying, conspiracy, and undue influence related to state governors and their deputies during the 2023 elections. Despite these directives, INEC and Professor Yakubu have not complied with the court's ruling. The Federal High Court in Abuja issued a notice regarding the consequences of non-compliance, warning Professor Yakubu that he could be found in contempt of court and face imprisonment if he does not adhere to the judgment. The notice, directed to Professor Yakubu, stated: "Please be advised that failure to comply with the Orders outlined in the Judgment dated July 18, 2024, issued by Justice Egwuatu of the Federal High Court, Abuja, in Suit Number: FHC/ABJ/CS/583/2023, which is attached herewith, will result in a finding of contempt of court and potential imprisonment." In a statement released on October 27, 2024, and signed by SERAP's deputy director Kolawole Oluwadare, the organization expressed that it is intolerable for the court, which serves as the protector of justice in the nation, to be disregarded. It emphasized that a democratic state founded on the rule of law cannot thrive if INEC and its chairman consistently ignore or fail to comply with court orders. The statement indicated, in part: “Notwithstanding the service of the certified true copy of the judgment to INEC and Professor Yakubu, they have failed and/or refused to comply with it.” “The persistent incidents of electoral bribery and violence undermine the integrity of Nigeria’s electoral system and participatory democracy. The recent allegations of electoral misconduct in Edo State suggest that INEC has gained little or no insight from the well-documented issues encountered during the 2023 general elections. “As the governorship election in Ondo approaches, INEC must address the ongoing electoral violations, put an end to the impunity of offenders, and safeguard citizens’ rights to vote and engage in political processes.” Justice Egwuatu’s ruling states, in part: “The essence of SERAP’s concern lies in the violence linked to elections in Nigeria, which obstructs citizens from exercising their voting rights, thereby hindering credible elections and, ultimately, the emergence of trustworthy leaders. “It is undeniable that electoral violence and the related crimes occurring during elections in Nigeria significantly hinder the nation’s development, both democratically and economically. “As citizens of this esteemed nation, SERAP and its members possess a legal interest whose realization or enforcement is directly or substantially contingent upon the fulfillment of public duties by INEC. “In seeking the execution of the public duty assigned to the electoral body, SERAP has exhibited a commendable spirit of patriotism.” The Electoral Act 2022 undoubtedly established various electoral offences. Provisions such as Sections 123, 124, 125, 126, 127, 128, and 129 delineate specific electoral offences under this Act. The adjudication of offences arising from the Electoral Act occurs in either a Magistrate Court or a High Court within the jurisdiction where the offence took place, or in the Federal Capital Territory, Abuja, as stipulated in Section 145(1) of the Electoral Act. According to Section 145(2) of the same Act, the prosecution of these offences is the responsibility of legal officers from the Independent National Electoral Commission (INEC) or any legal practitioner designated by INEC. This provision places a public duty on INEC. Furthermore, Sections 24(d) and (e) of the 1999 Nigerian Constitution [as amended] affirm the rights of citizens to engage in activities that promote the welfare of their communities. These sections state that it is the duty of every citizen to (d) contribute positively and usefully to the progress and well-being of their community; and (e) assist appropriate and lawful agencies in maintaining law and order. Justice Egwuatu has issued the following orders of mandamus against INEC (the Judgment Debtor): AN ORDER OF MANDAMUS is hereby issued, directing INEC to appoint an independent counsel to investigate allegations of electoral offences, including bribery, vote-buying, conspiracy, and undue influence involving state governors and their deputies during the 2023 general elections. AN ORDER OF MANDAMUS is also issued, compelling INEC to conduct a prompt, thorough, and effective investigation into reports of electoral violence and other offences committed during the 2023 general elections, to identify suspected perpetrators and their sponsors, and to ensure their prosecution. An ORDER OF MANDAMUS is hereby issued, mandating INEC to promptly prosecute all individuals arrested for electoral offenses related to the recently concluded 2023 general election, currently held in the custody of the Nigeria Police Force, the Economic and Financial Crimes Commission, the Independent Corrupt Practices and Other Related Offences Commission, and other law enforcement bodies. It is important to note that on July 20, 2024, SERAP formally requested Professor Yakubu to utilize his esteemed position and leadership to immediately implement the judgment that instructs INEC to pursue cases of electoral offenses, including bribery, involving state governors and their deputies during the tumultuous 2023 general elections. SERAP initiated the contempt lawsuit against INEC and Professor Yakubu in accordance with section 72 of the Sheriff and Civil Process Act and Order IX, Rule 13 of the Judgment (Enforcement) Rules of Court. As of now, no date has been set for the hearing of the contempt suit.