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Electoral offences: Obey court judgment or face contempt charge, SERAP tells INEC Chairman
Socio-Economic Rights and Accountability Project (SERAP) has urged Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC) “to immediately and effectively enforce the judgment ordering INEC to pursue cases of bribery against state governors and their deputies, and other electoral offences committed during the 2023 general elections.”
The judgment was delivered on 18 July, 2024 by Hon. Justice Obiora Atuegwu Egwuatu following a mandamus lawsuit brought by SERAP.
In the letter dated 28 September 2024 and signed by SERAP deputy director Kolawole Oluwadare, the organisation said: “It is unacceptable for INEC to take the court, which is the guardian of justice in this country, for a ride.”
SERAP said, “The recurring cases of electoral bribery and violence make a mockery of 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 during the 2023 general elections.”
The letter, read in part: “We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall consider pursuing contempt proceedings against you and INEC for your continuing failure to obey the court judgment.”
“SERAP is concerned that the continuing failure by INEC to obey the court judgment is contributing to electoral offences in several states, as illustrated by the recently held governorship election in Edo state and impunity for electoral offences in Nigeria.”
“Obeying the court judgment would go a long way in protecting the integrity of our electoral and legal systems.”
“Justice Egwuatu ordered INEC 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.”
“The court also ordered INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.”
“The court further ordered INEC to swiftly prosecute all arrested electoral offenders in the 2023 general election in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission, Independent Corrupt Practices and Other Related Offences Commission and other law enforcement agencies.”
“By ignoring the court judgment, INEC under your leadership is violating the provisions of Section 287 of the Nigeria Constitution 1999 [as amended] which imposes a binding obligation on all authorities and persons in Nigeria to comply with the verdicts of all courts.”
“SERAP is concerned that suspected perpetrators of grave electoral offences including in the off-cycle governorship elections in Kogi, Imo and Bayelsa states continue to enjoy impunity.”
“Obeying the judgment would prevent and combat allegations of electoral offences such as those witnessed in the recently concluded governorship election in Edo state and the seriously flawed local government elections in several states.”
“Obeying the judgment will restore public trust and confidence in Nigeria’s electoral process. It will also ensure compliance with constitutional provisions, international standards and the Electoral Act.”
“By immediately complying with the judgment, you will show Nigerians that the electoral body is willing and able to end many years of brazen impunity for electoral offences in the country.”
“Obeying the court judgment would reinforce the primacy of the Nigerian Constitution, Electoral Act and the country’s international obligations. The immediate enforcement and implementation of the judgment by INEC will be a victory for the rule of law, fair, representative and violent-free elections in Nigeria.”
“Justice Egwuatu’s judgment in lawsuit number: FHC/ABJ/CS/583/2023, read in part: ‘Being citizens of this great country, SERAP and its members have the legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.’”
“‘In requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.’”
“‘The substance of SERAP’s grouse is the violence associated with elections in Nigeria which tends to prevent citizens from exercising their franchise during elections, thus preventing credible election and in the long run credible leaders.’”
“‘There is no gainsaying the fact that electoral violence and the associated crimes committed during elections in Nigeria is a great bane to the development of this Country both democratically and economically.’”
“‘SERAP has also shown vide exhibit A8, a letter addressed to INEC requesting amongst other things the appointment of independent counsel to investigate allegations of electoral offences, including bribery, conspiracy, and undue influence against state governors and their deputies during the 2023 general elections.’”
“‘Exhibit A8 is thus a distinct and clear demand for the performance of the duty made by SERAP. The electoral body till the date of filing the action failed to, refused and or neglected to carry out or perform the duty requested by SERAP.’”
“‘There is no doubt that the Electoral Act 2022 created some electoral offences. Sections 123, 124, 125, 126 127, 128 and 129 are some of the provisions of the Electoral Act that created some specific electoral offences.’”
“‘Trial of offences created by the Electoral Act are done in a Magistrate Court or a High Court of a State in which the offence is committed, or the Federal Capital Territory, Abuja. See Section 145(1) of the Electoral Act.’”
“‘By section 145(2) of the same Act, prosecution for the offences shall be undertaken by legal officers of INEC or any legal practitioner appointed by INEC. Clearly therefore, the law imposes on INEC the performance of a public duty.’”
“‘Section 24(d) and (e) of the Nigerian Constitution 1999 [as amended] recognizes the rights of citizens to take steps towards advancing the community where he resides.’”
“‘The section provides that ‘it shall be the duty of every citizen to-(d) make positive and useful contribution to the advancement of progress and well-being of the community where he resides; (e) render assistance to appropriate and lawful agencies in the maintenance of law and order.’”
BY ANKELI EMMANUEL, Sokoto
Former governor of Sokoto State and now Senator, Aminu Waziri Tambuwal while flagging off distribution of ramadan fast assistance to the people of the state, Monday reassured that, his party, the Peoples Democratic Party (PDP) will Reclaim their mandate come 2027.
Tambuwal, who divulged that the Ramadan gesture is targeted at 30,000 households in the state, added, “‘it is aside the thousands of other foodstuff and multiple assistance given by all lawmakers elected under the platform of the PDP in the state”.
According to him, the PDP lawmakers both at he state and federal levels are equally flagging off the distribution of thousands of bags of rice and other grains to all youth and women led organizations to help compliment their ease of fasting.
“”As you aware, many people have lost their lives and they are no more with us. It is by His grace that we are alive and here observing another Ramadan and witnessing the distribution of foodstuff to our people once again.
“We continue to pray to Allahi to grant us continued good health and longevity, for us to witness many more of this blessed month.l of Ramadan. I also would like to take disadvantage of this opportunity to thank our chairman and the leaders of our party in the state for their continued hard work in organizing the party, in mobilizing the people and making sure that our party remain strong and united in Sokoto
“”We are one big united family. And we shall continue to work together towards reclaiming what has been taken away from us. As you know, in the last elections, our mandate was forcefully stolen. But now, we are restrategizing and organizing.
“”And by the grace of Allah, what has been taken away, will be given back to us by come 2027″”. Tambuwal assured.
Speaking earlier, Sokoto state PDP chairman, Comrade Bello Goronyo expressed heartfelt appreciation to all members of the PDP in Sokoto for keeping hope alive and faith with the party, saying the PDP is the only party that truly meant well for the generality of Nigerians.
This according to him could be proven by the current hardship been experienced by Nigerians which where hitherto not the case when the PDP held sway.
Comrade Goronyo therefore appealed to the people of the state and Nigerians to liberate themselves from the grip of APC’s mis- governance come 2027.
US Secretary of State, Marco Rubio, said on Monday that the United States was cancelling 83 per cent of programmes at the US Agency for International Development.
President Donald Trump signed an executive order in January demanding a freeze on all US foreign aid to give his administration time to assess overseas spending, with an eye to gutting programs not aligned with his “America First” agenda.
“After a six-week review we are officially cancelling 83% of the programmes at USAID,” Rubio said on social media platform X.
“The 5,200 contracts that are now cancelled spent tens of billions of dollars in ways that did not serve, (and in some cases even harmed), the core national interests of the United States,” he added.
USAID distributes US humanitarian aid around the world, with health and emergency programs in around 120 countries.
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The State Department, which oversees USAID, announced on February 26 its intention to cut 92 per cent of the agency’s program funding, identifying 5,800 grants to be eliminated.
Rubio on Monday notably thanked the Department of Government Efficiency, which billionaire Elon Musk is leading in a drive to slash costs and cut jobs across government departments.
Trump and his allies have argued that foreign assistance is wasteful and does not serve US interests.
But aid groups argue much of the assistance supports US interests by promoting stability and health overseas, and warn that cutting aid threatens the lives of vulnerable people.
AFP
The caution note was to ensure data security and integrity.
The National Identity Management Commission (NIMC) has advised Nigerians to modify their National Identification Number (NIN) details only through its official self-service portal.
In a statement signed by Head of Corporate Communications at NIMC, on Monday, said the caution note was to ensure data security and integrity.
The agency reassured Nigerians that its self-service portal is secure, reliable, and provides users with the convenience of updating their information from anywhere.
The commission emphasised that NIN modifications should only be done on SelfserviceModification.nimc.gov.ng, warning the public against using unauthorised websites.
It noted “The National Identity Management Commission (NIMC) wishes to state that in order to ensure the security and integrity of your National Identification Number (NIN) data, modifications can only be done on the official NIMC self-service portal: Selfservicemodification.nimc.gov.ng.”
It cautioned Nigerians against attempting to modify their NIN data on third-party platforms, stressing that such actions could expose personal information to fraudsters.
“Do not attempt to modify your NIN data on any unauthorized websites, as this may compromise your personal information and put you at risk of identity theft,” the statement read.
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Highlighting the benefits of the new portal, NIMC noted that the platform ensures data integrity while allowing Nigerians to modify their details without visiting an enrollment center.
“By using the official NIMC self-service portal, you can be rest assured that your data is secure and protected. You’ll also enjoy the convenience of updating your information from anywhere, at any time,” the commission stated.