The Socio-Economic Rights and Accountability Project (SERAP) has sued the Inde­pendent National Electoral Commission (INEC) over its failure to arrest and prose­cute suspected perpetrators of grave electoral offences in the recently concluded off-cycle governorship elec­tions in Kogi, Imo and Bayel­sa states.

In the suit number FHC/ ABJ/CS/1694/2023 filed last Friday at the Federal High Court in Abuja, SERAP is seeking: “An order of man­damus to direct and compel INEC to probe the allegations of electoral offences includ­ing electoral violence, in the off-cycle governorship elec­tions in Kogi, Imo and Bayelsa states.

“An order of mandamus to compel INEC to promptly and effectively prosecute sus­pected perpetrators of these grave electoral offences, and bring to justice anyone who sponsored, aided and abetted them.

“An order of mandamus to compel INEC to disclose spending details on the off-cy­cle governorship elections in Kogi, Imo and Bayelsa states, including the specific amount spent to conduct voter and civ­ic education and details of the activities carried out in the three states.”

In the suit, SERAP is argu­ing that: “There is a legitimate public interest in ensuring accountability for the grave electoral offences in Kogi, Imo and Bayelsa states. Grant­ing the reliefs sought would compel INEC to live up to its constitutional and statutory responsibilities and end the impunity of electoral offend­ers.

“The recurring cases of electoral bribery and vio­lence make a mockery of Ni­geria’s electoral process and participatory democracy. The electoral offences in Bayelsa, Kogi and Imo states show that INEC has learnt little or noth­ing from the well-documented problems during the 2023 gen­eral elections.

“Unless INEC is compelled to arrest and prosecute sus­pected electoral offenders and their sponsors in the elections Kogi, Imo and Bayelsa states, perpetrators would continue to enjoy impunity for their crimes.
“Many years of allegations of electoral offences and the impunity of perpetrators and their sponsors have continued to undermine public trust and confidence in the electoral process and citizens’ right to participation.

“Electoral integrity is criti­cal to a legitimate democracy. When the integrity of that process is compromised, the legitimacy of the government and the public confidence in public institutions is serious­ly undermined.”

The suit filed on behalf of SERAP by its lawyers, Ko­lawole Oluwadare and An­drew Nwankwo, also reads in part: “INEC has constitu­tional and statutory duties to ensure accountability for electoral offences in the country, and to guarantee the effective enjoyment of the cit­izens’ right to vote in future elections.

“The right to vote is fun­damental and is the essence of a democratic society, and any restrictions on that right strike at the heart of repre­sentative government. Nige­rians should have the final say in the election of governmen­tal officials.

“Persistent cases of elec­toral offences in the country’s elections gravely violate Nige­rians’ right to vote, which is central to the effective partic­ipation of every citizen.

“Unless INEC is compelled to arrest and prosecute sus­pected electoral offenders and their sponsors, impunity for these crimes against the Nigerian people will continue. And citizens will continue to lose confidence in the elector­al process.

“Nigerians have the right to know how INEC is spend­ing public funds in the dis­charge of its constitutional and statutory responsibilities. It is in the public interest to compel INEC to publish spending details on the elec­tions in the three states.

“Electoral bribery and violence and other elector­al offences undermine the ability of INEC to discharge its responsibilities under Section 153 of the Nigerian constitution and paragraph 15(a) of the third schedule of the constitution, and the Elec­toral Act.

“Allegations of electoral offences during the off-cycle governorship elections in the three states are contrary to the Nigerian constitution, the Electoral Act and interna­tional standards.

“The Nigerian constitu­tion provides in Section 14(1) (c) that, ‘the participation by the people in their govern­ment shall be ensured in ac­cordance with the provisions of this constitution.’

“Sections 121 and 127 of the Electoral Act prohibit elector­al bribery and undue influ­ence before, during and after any election. Section 145(2) provides that, ‘a prosecution under this Act shall be un­dertaken by legal officers of the commission or any legal practitioner appointed by it.’

“Under Section 2(a) and (b), the commission ‘shall have power to conduct voter and civic education and to promote knowledge of sound democratic election process­es.’

“The crisis confronting the country’s elections and lack of public trust and confidence in the electoral process can be addressed if impunity for electoral offences is combated through the arrest and pros­ecution of suspected perpe­trators.

“According to our infor­mation, the governorship elections in Kogi, Imo and Bayelsa states witnessed cases of electoral offences including electoral violence, vote-buying, conspiracy, and undue influence.

“Suspected political thugs reportedly harassed jour­nalists covering the gover­norship election in Omuma community in Oru East Local Government Area of Imo State. INEC official in the Oguta Local Government Area (LGA) of Imo State also alleged that some men invad­ed her polling unit and carted away result sheets.”

However, no date has been fixed for the hearing of the suit.