The Socio-Economic Rights and Accountability Project (SERAP) has advised the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, to address his contempt of court charges directly in court rather than issuing statements to the public.
SERAP filed a contempt lawsuit against Professor Mahmood Yakubu, “for failing to investigate the allegations of electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.”
The commission noted that Justice Obiora Atuegwu Egwuatu of the Federal High Court, Abuja had on 18 July, 2024 ordered INEC “to pursue cases of bribery against state governors and their deputies, and other electoral offences committed during the 2023 general elections.”
Justice Egwuatu also 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.”
However, INEC and Professor Yakubu have failed and/or refused to implement the judgment.
The Federal High Court, Abuja in the notice of consequences of disobedience to order of court warned Professor Yakubu that he would be “guilty of contempt of Court and liable to be committed to prison” if he fails “to obey the judgment orders.”
But reacting to the above claims, INEC through the National Commissioner and Chairman of its Information and Voter Education Committee, Sam Olumekun, dismissed these claims, noting that Yakubu did not commit any contempt of the court.
The commission said governors and deputy governors have constitutional immunity from prosecution and that SERAP cannot be unaware of this constitutional provision.
It added that in any case, it has no record that anyone of them has been arrested, investigated and a prima facie case established to initiate their prosecution.
“Furthermore, if SERAP had done basic fact check, it would have known that at the end of the 2023 General Election, the Commission announced that it received 215 case files from the Nigeria Police following the arrest and investigation of alleged violators of the electoral laws across the country. These include 52 files involving 238 alleged offenders during the Presidential and National Assembly elections and 163 files in respect of 536 suspects for the Governorship and State Assembly elections.
“It is important to also inform the public that the Commission’s commitment to the prosecution of electoral offenders is not limited to persons who are outside the Commission. Indeed, officials of the Commission, some of them highly placed, have been affected, including a Resident Electoral Commissioner (REC) currently being prosecuted in a High Court in Yola.
“Recognizing the need for their speedy prosecution and bearing in mind that the Commission does not have enough in-house lawyers, it engaged the Nigerian Bar Association NBA under the leadership of the immediate past President, Yakubu Maikyau SAN, for assistance.
“The NBA agreed, and a well-publicized joint press conference was held between the Chairman of the Commission and the President of the NBA. The Chairman of the Commission and other officials have also been providing updates to the public on the matter as simple google search will show.
“For the first time in the history of elections in Nigeria, concrete steps were taken between the NBA and the Commission to prosecute electoral offences. The NBA, working with a prominent and senior human rights lawyer, provided the Commission with a list of counsels nationwide, including Senior Advocates of Nigeria SANs, who volunteered to render pro-bono services.
However, in a riposte on it X platform, formerly, Twitter handle, SERAP advised INEC to appear in court and defend itself, rather than issuing press statement.
“INEC and its chair should immediately appear in court to defend the contempt charges against them rather than issuing a ‘public statement’.
“INEC and its chair can better explain in court why they have completely failed to obey Justice Egwuatu’s judgment”, SEARP said.
