The Federal High Court sitting in Abuja has rejected the attempt by the Independent National Electoral Commission (INEC) to set aside the judgment directing and compelling INEC to investigate and prosecute perpetrators and sponsors of electoral violence and other electoral offences committed during the 2023 general elections.

INEC had, in a suit, challenged the contempt lawsuit brought by Socio-Economic Rights and Accountability Project (SERAP) against INEC chairman, Prof Mahmood Yakubu, over the commission’s failure to obey the July 18, 2024 judgment by Justice Obiora Egwuatu.

Egwuatu had, on July 18, 2024, issued an order of mandamus to compel INEC to seek the appointment of an 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.

The judge directed and compelled INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the elections, identify suspected perpetrators and their sponsors, and ensure their prosecution.

INEC had, on December 17, 2024, filed a preliminary objection seeking to set aside Justice Egwuatu’s judgment on the grounds of alleged misrepresentation, non-disclosure, and concealment of material facts. INEC also sought to relist the SERAP lawsuit against it so that it could be heard and determined on the merits.

But Egwuatu, in his ruling on July 23, 2025, rejected INEC’s arguments and dismissed the preliminary objection. He held that the judgment delivered by the court on July 18, 2024, was final. “It is a judgment on the merits, and not a default judgment as contended by INEC. Accordingly, I resolve the issues in favour of SERAP and against INEC,” he said.

SERAP’s Deputy Director, Kolawole Oluwadare, said: “We welcome Justice Egwuatu’s ruling as a victory for the rule of law. INEC must immediately obey the judgment. 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 a final judgment of the court.”

The case was adjourned till October 20, 2025, for the hearing of the contempt lawsuit against INEC.