Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission (INEC) to hold the state governors, their deputies and others to account over cases of electoral violence, bribery, vote-buying, and conspiracy during the 2023 General Elections.
The court, in a judgment, ordered INEC to ensure the appointment of independent counsel to investigate cases of electoral violence and other electoral offences against state governors and their deputies during the 2023 General Elections.
The court also ordered INEC to “promptly, thoroughly and effectively investigate cases of electoral violence and other electoral offences committed during the elections and to identify suspected perpetrators and their sponsors and ensure their effective prosecution.”
The judgment, which was delivered on Thursday by Justice Obiora Atuegwu Egwuatu, followed a mandamus lawsuit number: FHC/ABJ/CS/583/2023, brought by the Socio-Economic Rights and Accountability Project (SERAP).
SERAP filed the suit against INEC to compel the electoral body to perform its constitutional and statutory duties to ensure the prosecution of suspected perpetrators of electoral offences and their sponsors during the 2023 Elections.
The judge also ordered INEC to swiftly prosecute all arrested offenders in the 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.
In the judgment, Justice Egwuatu held that, he had compassionately evaluated the depositions in the affidavit of SERAP and had no reason not to believe the depositions, more so when there is documentary evidence in support of the depositions.
“I must say that the entirety of the facts deposed to by SERAP was not controverted by INEC. It is trite that depositions in affidavit on material facts resolve applications in court. Where depositions on material facts in an affidavit in support of an application are not denied by the adverse party filing a counter-affidavit, such facts not denied in the affidavit in support remain correct position and the court acts on them except they are moonshine.
“Accordingly, I grant the prayers sought,” the judge ruled.
SERAP Deputy Director, Kolawole Oluwadare, said the judgment was an important milestone for Nigerians’ right to free and fair elections, and for victims of electoral offences in their search for justice, truth and reparations for the crimes which took place during the 2023 general elections.
“Justice Egwuatu’s judgment now provides a binding precedent for INEC to immediately pursue justice for those who suffered egregious abuses in Nigeria’s 2023 general elections. We commend Justice Egwuatu for his wisdom and courage, and his landmark decision,” Oluwadare stated.
He urged INEC to immediately obey the court orders, noting that the effective enforcement of Justice Egwuatu’s judgment would break decades of impunity for electoral offences in Nigeria.
