SERAP Sues INEC Over Non-prosecution Of Electoral Offenders

A group, Socio-Economic Rights and Accountability Project (SERAP) has dragged the Independent National Electoral Commission (INEC) before the Federal High Court in Abuja for allegedly failing to arrest and prosecute suspected perpetrators of electoral offences during the off-cycle governorship elections in Kogi, Imo and Bayelsa states.

SERAP asked the court for an order of mandamus to direct and compel INEC to probe the allegations of electoral offences including electoral violence, in the off-cycle governorship elections in Kogi, Imo and Bayelsa states.
It also sought an order of mandamus to compel INEC to promptly and effectively prosecute suspected perpetrators of these grave electoral offences, and bring to justice anyone who sponsored, aided and abetted them.

The applicant is also praying the court for an order of mandamus to compel INEC to disclose spending details on the off-cycle governorship elections in Kogi, Imo and Bayelsa states, including the specific amount spent to conduct voter and civic education and details of the activities carried out in the three states.
In an affidavit attached to the suit, SERAP averred that there is a legitimate public interest in ensuring accountability for the grave electoral offences in Kogi, Imo and Bayelsa states. It noted that granting the reliefs sought would compel INEC to live up to its constitutional and statutory responsibilities and end the impunity of electoral offenders.

The applicant further argues that the recurring cases of electoral bribery and violence make a mockery of Nigeria’s electoral process and participatory democracy.

SERAP insisted that unless INEC is compelled to arrest and prosecute suspected electoral offenders and their sponsors in the election perpetrators would continue to enjoy impunity for their crimes.
It maintained that electoral integrity is critical to a legitimate democracy and that when the integrity of that process is compromised, the legitimacy of the government and the public confidence in public institutions is seriously undermined.

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“INEC has constitutional and statutory duties to ensure accountability for electoral offences in the country, and to guarantee the effective enjoyment of the citizens’ right to vote in future elections.

“The right to vote is fundamental and is the essence of a democratic society, and any restrictions strike at the heart of representative government. Nigerians should have the final say in the election of governmental officials.

“Persistent cases of electoral offences in the country’s elections gravely violate Nigerians’ right to vote, which is central to the effective participation of every citizen.

“Unless INEC is compelled to arrest and prosecute suspected electoral offenders and their sponsors, impunity for these crimes against the Nigerian people will continue. And citizens will continue to lose confidence in the electoral process.

“Nigerians have the right to know how INEC is spending public funds to discharge its constitutional and statutory responsibilities. It is in the public interest to compel INEC to publish spending details on the elections in the three states,” it said. No date has been fixed for the hearing of the suit.