2023 Election: INEC Chairman Deserves To Go To Prison- SERAP

The Social Economic Rights and Accountability, SERAP, has filed a contempt suit seeking to commit the Chairman of the Independent national Electoral Commission,  INEC, Prof. Mahmood Yakubu to prison.

SERAP said it filed the suit at a federal high court, Abuja after the INEC chairman failed to prosecute those allegedly involved in election malpractices during the 2023 general election.

It said the INEC boss action contradicts an earlier order by court on the issue, describing it as a contempt of the court for which Prof. Yakubu deserves to be sent to the prison.

The rights group made this known in a statement issued on Sunday, by its Deputy Director, Kolawole Oluwadare, and made available to journalist in the nation’s capital.

According to the rights group, Justice Obiora Egwuatu of the Federal High Court, Abuja, had on 18 July gave an order to the commission to pursue a case of bribery against state governors and deputies for alleged bribery and inducement to ensure that the 2023 election favoured them.

In spite of this judgment, INEC has refused to charge the alleged offenders to court for prosecution.

The electoral electoral offences against the governors and their deputies, SERAP said,  include bribery, vote-buying, conspiracy, and undue influence “during the 2023 general elections.”

It said it had drawn the attention of the INEC boss to the judgment and the consequence of disobeying it without any steps on the commission part to take action against the alleged offenders.

According to SERAP, the judge directed the nation’s electoral commission “to pursue cases of bribery against state governors and their deputies, as well as other electoral offences committed during the 2023 general elections,” and “to seek the appointment of independent counsel to investigate allegations of electoral offences, including bribery, vote-buying, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections,” among others.

SERAP said it informed the INEC boss to: “Take notice that unless you obey the orders contained in the judgement of 18 July 2024, made by Justice Egwuatu of the Federal High Court, Abuja, in suit number FHC/ABJ/CS/583/2023, a copy of which is hereto attached, you will be guilty of contempt of court and liable to be committed to prison.”

The commission’s action, SERAP said, constitutes the violation of the rule of law, noting that INEC has brought disrepute to the country in the comity of nation’s for simply aiding election fraud.

SERAP: “It’s unacceptable to treat the court, which is the guardian of justice in this country, with disdain. A democratic state based on the rule of law cannot exist or function if INEC and its chairman routinely ignore and/or fail to abide by court orders. Despite the service of the certified true copy of the judgement on INEC and Professor Yakubu, they have failed and/or refused to obey it.

“The recurring cases of electoral bribery and violence mock Nigeria’s electoral process and participatory democracy. The latest allegations of electoral offences in Edo State show that INEC has learnt little or nothing from the well-documented problems of the 2023 general elections.

“There is no gainsaying that electoral violence and related crimes during elections in Nigeria are a major impediment to the country’s democratic and economic development. As citizens of this country, SERAP and its members have a legal interest whose enjoyment or enforcement depends on the performance of public duty by INEC,” the rights body said.