Jurist Nigeria court orders electoral commission to hold governors accountable for election violence

[Dadparvar]

Nigeria’s Federal High Court in Abuja has delivered a judgment ordering the Independent National Electoral Commission (INEC) to prosecute state governors and others for electoral violence, bribery, vote buying, and collusion in the 2023 general elections, as reported by local media.

The ruling was issued in a lawsuit brought by a non-governmental, non-profit organization, Socio-Economic Rights and Accountability Project (SERAP), against INEC in December 2023. The organization alleges that the electoral body did not take action to apprehend and prosecute individuals suspected of electoral misconduct during the general elections held in the Kogi, Imo, and Bayelsa states. The organization sought an inquiry into claims of electoral infractions, including instances of election-related violence in these regions, as well as the release of information regarding election-related expenditures and campaign activities.

The NGO noted a legitimate public interest in holding electoral malpractices accountable and the need to force INEC to fulfill its responsibilities. They also emphasized that vote-buying and electoral violence undermine democracy in Nigeria as if accountability measures are not taken, “perpetrators would continue to enjoy impunity for their crimes.”

SERAP presented evidence of electoral violence and prepared a letter requesting that INEC appoint an independent lawyer to investigate the allegations of electoral crimes. In the judgment reportedly delivered on Thursday, July 18, Justice Obiora Atuegwa Egwuatu recognized the request as valid and indicated that electoral violence and crimes seriously constrained the country’s development. He said:

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 favor of SERAP. Accordingly, I grant the prayers sought.

In his speech, the judge also referred to the Electoral Act 2022, which punishes electoral offenses, and the Nigerian constitution, which recognizes citizens’ right to take measures for community development and the maintenance of law and order.

The EU Election Observation Mission stated in their report, issued in June of 2023, that the 2023 general elections in Nigeria were not transparent and democratic. The report indicates that the elections were marked by a lack of trust in the Independent National Electoral Commission (INEC), abuse of power by political actors, and widespread vote buying. In addition, incidents of organized violence affected voter participation, and Nigeria’s electoral rules, lack of independent sanctioning bodies, and violations of citizens’ political rights contributed to dissatisfaction. INEC, in turn, responded to the report, arguing that the assessment of their performance was based on an error in uploading the presidential election results.

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