Justice Obiora Egwuatu of the Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to appoint an independent counsel to investigate cases of electoral violence and other electoral offences against state governors and their deputies during the 2023 general elections.
Justice Egwuatu made the order while delivering judgement on a suit filed by the Socio-Economic Rights and Accountability Project (SERAP), seeking to compel INEC to investigate and to identify suspected perpetrators of electoral offences and their sponsors and ensure their effective prosecution.
The judge also held that the electoral body should hold state governors, their deputies and others responsible for cases of electoral violence, bribery, vote-buying, and conspiracy during the 2023 general elections.
The court further ordered 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.
Egwuatu held that “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 is documentary evidence in support of the depositions.
„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,“ the judge stated.
The court also stated that as citizens of Nigeria, SERAP and its members have a legal interest whose enjoyment or enforcement directly or substantially depends on the performance of its public duty by INEC.
He noted that by requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.
The judge further held that the substance of the applicant‘s case is the violence associated with elections in Nigeria. This violence tends to prevent citizens from exercising their franchise during elections, thus preventing credible elections and, in the long run, credible leaders.
Justice Egwuatu stated, „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.
“SERAP has also shown vide exhibit A8, a letter addressed to INEC requesting, amongst other things, the appointment of an independent counsel to investigate allegations of electoral offences, including bribery, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.
“Exhibit A8 is thus a distinct and clear demand for the performance of the duty made by SERAP. Until the date of filing the action, the electoral body failed to, refused and or neglected to carry out or perform the duty requested by SERAP.
“Undoubtedly, the Electoral Act 2022 creates some electoral offences. Sections 123, 124, 125, 126, 127, 128 and 129 are some of the Electoral Act provisions that created specific electoral offences.
“Trial of offences created by the Electoral Act is done in a Magistrate Court or a High Court of a State in which the offence is committed, or the Federal Capital Territory, Abuja. See Section 145(1) of the Electoral Act.
“By section 145(2) of the same Act, prosecution for the offences shall be undertaken by legal officers of INEC or any legal practitioner appointed by INEC. Therefore, the law imposes on INEC the performance of a public duty.
“Section 24(d) and (e) of the Nigerian Constitution 1999 [as amended] recognises the rights of citizens to take steps towards advancing the community where they reside.
“The section provides that ‚it shall be the duty of every citizen to (d) make a positive and useful contribution to the advancement of progress and well-being of the community where he resides; (e) help appropriate and lawful agencies in the maintenance of law and order.
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