ABUJA, Nigeria – Socio-Economic Rights and Accountability Project, SERAP, has taken legal action against the Independent National Electoral Commission, INEC, for alleged negligence in addressing reports of violence and other electoral offences, including bribery, against state governors and their deputies during the 2023 elections.
The elections, which covered presidential, national assembly, and governorship seats across several states, were reportedly marred by rampant voter suppression, intimidation, and destruction or theft of election materials by political party agents and thugs across Nigeria’s six geopolitical zones.
The lawsuit, filed by SERAP’s lawyers Kolawole Oluwadare, Andrew Nwankwo, and Ms Blessing Ogwuche, and made known to journalists on Saturday, April 29, 2023, highlights the threats posed by electoral violence.
“Election violence is a threat to fair and representative elections,” read part of the suit filed last Friday at the Federal High Court, Abuja.
SERAP is seeking an order of mandamus compelling INEC to seek an independent counsel’s appointment to thoroughly and promptly investigate and prosecute the alleged electoral offences.
The rights group also seeks the prosecution of all arrested electoral offenders from the 2023 general election currently in law enforcement and anti-corruption agencies’ custody.
The suit, bearing the number FHC/ABJ/CS/583/2023, charges INEC with the responsibility of ending the impunity of perpetrators and ensuring justice for victims to strengthen voter confidence in the electoral process.
SERAP argued that the apparent electoral violence and other offences violate constitutional provisions, international standards, and the Electoral Act. They believe that addressing these issues would send a strong message to politicians that they will be held accountable for any infringement of the electoral process.
“Election violence is inconsistent and incompatible with the principles of democracy, the rule of law, transparency and accountability for politicians to allegedly use violence to disrupt the electoral process,” the suit stated.
The suit also refers to Section 52 of the Independent Corrupt Practices and Other Related Offences Act, which empowers INEC to seek an independent counsel’s appointment to probe allegations of electoral violence and other offences potentially committed by state governors and their deputies.
According to a report by the Centre for Democracy and Development, CDD, numerous incidents of violence, fighting, voter intimidation, destruction of ballot papers, and vote trading were recorded across the country, disrupting the electoral process and potentially leading to the cancellation of results.
With the hearing date for the suit yet to be fixed, SERAP’s legal action has brought Nigeria’s electoral violence and other offences under national scrutiny, potentially paving the way for a more accountable and transparent electoral process in the future.
