SERAP Takes INEC To Court, Cites Failure To Prosecute Electoral Offenders In Bayelsa, Kogi, Imo

The Socio-Economic Rights and Accountability Project (SERAP) has initiated legal action against INEC over its alleged failure to prosecute electoral offences during the recent off-cycle governorship elections in Kogi, Imo, and Bayelsa States.

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

SERAP is seeking an order of mandamus to compel INEC to prosecute suspected perpetrators of grave electoral offences in Kogi, Imo, and Bayelsa states.

The suit argues that there is a legitimate public interest in ensuring accountability for these crimes and that the impunity of electoral offenders would continue to undermine public trust and confidence in the electoral process and citizens’ right to participation.

The suit also argues that the recurring cases of electoral bribery and violence make a mockery of Nigeria’s electoral process and participatory democracy.

Without arresting and prosecuting suspected electoral offenders and their sponsors, impunity for these crimes against the Nigerian people will continue, and citizens will lose confidence in the electoral process.

The suit also states that electoral bribery and violence undermine the ability of INEC to discharge its responsibilities under Section 153 of the Nigerian Constitution, paragraph 15(a) of the third schedule of the Constitution and the Electoral Act.

SERAP is arguing that, “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.

“According to the Centre for Democracy and Development (CDD), there were several reports of electoral violence and vote buying across the three states. For example, there were reports of incidents in PU 1, Ward 8 and PU 11, Ward 1 in Sagbama LGA in Bayelsa West.

“In Bayelsa Central, vote trading was reported in PU 16, Ward 6 in Yenegoa LGA, PU 22, PU 30 and 31, Ward 13 in Southern Ijaw LGA with reports of voter inducements ranging from ₦5,000 – N22,000, and items such as wrappers and rice were also reportedly shared to buy votes.

“In Kogi, there were reports of vote buying in PUs 004, 038 and 039 in Ward A of Lokoja LGA, where party agents were allegedly sharing out money to voters upon confirmation that they voted for their party candidates.

“In Imo, the two major parties’ agents reportedly engaged in vote buying, sharing between N2000 to N3000. INEC officials were reportedly bribed. Electoral violence was reported in Dekini LGA, town where a thug was reportedly shot and killed by military officials while fleeing in an attempt to snatch a ballot box.

“INEC presiding officer was also reportedly abducted in Bayelsa while on his way to the Registration Area Centre – 06 (Ossioma) in Sagbama Local Government Area. There are reports of thugs attacking several polling units in the three states.”

Naija News reports that no date has been fixed for the hearing of the suit.