Election Violence: SERAP Sues INEC Over Failure To Probe Governors, Deputies

Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Independent National Electoral Commission (INEC) over its failure to investigate allegations of electoral violence and other electoral offences including bribery against some state governors and their deputies during the 2023 elections.

The recently concluded presidential and national assembly elections and governorship elections in some states witnessed widespread reports of voter suppression, voter intimidation and the destruction or theft of election materials by political party agents and thugs across the six geopolitical zone

THE WHISTLER reports that in a letter in March, SERAP had asked INEC to seek the appointment of an independent counsel to investigate allegations of electoral violence and other electoral offences including bribery against some state governors and their deputies.

In the suit number FHC/ABJ/CS/583/2023 filed last Friday at the Federal High Court, Abuja SERAP is asking the court for an order of mandamus compelling INEC to seek the appointment of independent counsel to investigate allegations of electoral offences against the affected state governors and their deputies.

SERAP is also seeking an order of mandamus compelling INEC to promptly investigate reports of electoral violence and other electoral offences committed during the elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.

SERAP is further seeking an order of mandamus directing and compelling INEC to prosecute all arrested electoral offenders in the 2023 general election in the custody of law enforcement and anticorruption agencies.

In the suit, SERAP is arguing that by allegedly engaging in electoral violence and other electoral offences, suspected perpetrators and their sponsors have clearly acted in violation of constitutional provisions, international standards and the Electoral Act.

SERAP is arguing that identifying, arresting, investigating and prosecuting any politicians and their sponsors suspected to be responsible for electoral offences during the elections would end the impunity of perpetrators, adding it would also advance Nigerians’ right to freely participate in their own government.

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare, Andrew Nwankwo and Blessing Ogwuche, read in part: “Election violence is a threat to fair and representative elections.”

“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.”

“Section 52 of the Independent Corrupt Practices and Other Related Offences Act allows INEC to seek the appointment of an independent counsel to probe allegations of electoral violence and other electoral offences that may have been committed by any state governors and/or their deputies.”

“When politicians and their sponsors decide to engage in electoral violence and other electoral offences rather than contest fairly for people’s votes, there are possibilities that such politicians will show a disregard for democratic rules and a disposition to adopt illegal means becomes inevitable.”

“Ending impunity for electoral violence and other electoral offences would promote accountability of suspected perpetrators and their sponsors, ensure justice for victims, and ultimately advance the people’s right to vote as well as bolster voter confidence in the electoral process.”