Court orders INEC to probe electoral offences ‘perpetrated by governors’

The federal high court in Abuja has ordered the Independent National Electoral Commission (INEC) to investigate cases of electoral violence, bribery, vote-buying, and conspiracy during the 2023 general election.

The judgment was delivered on Thursday following suit number FHC/ABJ/CS/583/2023.

The suit was filed by the Socio-Economic Rights and Accountability Project (SERAP).

SERAP had sought for the prosecution of suspected perpetrators of electoral offences and their sponsors.

In a statement on Sunday, SERAP said the court ordered INEC to ensure the appointment of independent counsels to “investigate cases of electoral violence and other electoral offences against state governors and their deputies during the 2023 general elections”.

The court also ordered INEC to identify suspected perpetrators and their sponsors and ensure their effective prosecution.

Egwuatu asked INEC “to swiftly prosecute all arrested offenders in the 2023 general elections in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission (EFCC) Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies”.

“I have compassionately evaluated the depositions in the affidavit of SERAP and I have no reason not to believe the depositions more so when there are documentary evidence in support of the depositions,” Egwuatu was quoted as saying.

“In the circumstances therefore, I find merit in the application. The sole issue of whether this Court ought to grant the relief of judicial review and orders of mandamus is resolved in favour of SERAP. Accordingly, I grant the prayers sought.

“Being citizens of this great country, SERAP and its members have the legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.

“In requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.

“The substance of SERAP’s grouse is the violence associated with elections in Nigeria which tends to prevent citizens from exercising their franchise during elections, thus preventing credible election and in the long run credible leaders.

“There is no gainsaying the fact that electoral violence and the associated crimes committed during elections in Nigeria is a great bane to the development of this country both democratically and economically.”