Kehinde Fajobi
The Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt lawsuit against Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), for allegedly disregarding a court order to pursue electoral offences from the 2023 general elections.
Justice Obiora Atuegwu Egwuatu of the Federal High Court in Abuja had, on 18 July 2024, directed INEC to investigate and prosecute cases of bribery, vote-buying, and undue influence linked to state governors and their deputies during the elections.
Justice Egwuatu also ordered INEC to seek independent counsel for the investigation. However, SERAP contends that Professor Yakubu has “failed and/or refused to implement the judgment.”
The Federal High Court issued a warning notice to Yakubu, stating he would be “guilty of contempt of Court and liable to be committed to prison” if he does not comply with the orders.
In a 27 October 2024 statement signed by SERAP Deputy Director Kolawole Oluwadare, the organisation expressed frustration at INEC’s inaction.
“It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function if INEC and its chair routinely ignore and/or fail to abide by court orders,” the statement read.
SERAP pointed to recurrent cases of electoral bribery and violence, which it argued compromise Nigeria’s electoral integrity.
“The latest allegations of electoral offences in Edo state show that INEC has learnt little or nothing from the well-documented problems during the 2023 general elections,” SERAP added, urging INEC to curb electoral offences and “ensure citizens’ right to vote and political participation” ahead of the Ondo governorship election.
Justice Egwuatu’s original judgment supported SERAP’s call for accountability, stating that the “violence associated with elections in Nigeria… tends to prevent citizens from exercising their franchise,” which he said hinders credible elections and democratic progress.
He emphasised that “the Electoral Act 2022 created specific electoral offences,” underscoring INEC’s duty to investigate and prosecute these under Nigeria’s legal framework.
SERAP’s lawsuit, filed under section 72 of the Sheriff and Civil Process Act and Order IX, Rule 13 of the Judgment (Enforcement) Rules of Court, awaits a hearing date.