The Socio-Economic Rights and Accountability Project (SERAP) has obtained judgments on two public interest litigations in Nigeria.
In the first judgment, the Federal High Court, Abuja ordered the Independent National Electoral Commission (INEC) to hold governors, their deputies and others to account over cases of electoral violence, bribery, vote-buying, and conspiracy during the chaotic 2023 general elections in which voters were intimidated in most places, including Lagos.
The court ordered INEC to ensure “the appointment of an independent counsel to investigate cases of electoral violence and other electoral offences against state governors and their deputies during the 2023 general elections.”
Trial judge, Obiora Egwuatu in a mandamus lawsuit marked FHC/ABJ/CS/583/2023 ordered INEC “to promptly, thoroughly and effectively investigate cases of electoral violence and other electoral offences committed during the 2023 general elections and to identify suspected perpetrators and their sponsors and ensure their effective prosecution.”
Justice Egwuatu ordered INEC “to swiftly prosecute all arrested offenders in the 2023 general elections in the custody of the Nigeria Police Force, Economic and Financial Crimes Commission (EFCC) Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other law enforcement agencies.”
The judge noted that being citizens, SERAP and its members have a 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 elections 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,” he held.
The court noted that the Electoral Act 2022 creates some electoral offences, such as Sections 123, 124, 125, 126 127, 128 and 129.
Justice Egwuatu continued: “Trial of offences created by the Electoral Act is 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.
“Therefore, the law imposes on INEC the performance of a public duty.”
Justice Egwuatu granted orders of mandamus compelling INEC to seek the appointment of an independent counsel to investigate allegations of electoral offences thoroughly investigate reports of electoral violence and other electoral offences and swiftly prosecute all arrested electoral offenders in the just concluded 2023 general election.
Following the judgment, SERAP wrote to INEC Chairman, Prof. Mahmood Yakubu, urging him to use his good offices to immediately enforce the judgment.
“We urge you to demonstrate your expressed commitment to the rule of law by immediately obeying and respecting the judgment of the Court.
“We urge you to approach the Chief Justice of the Federation as required under Section 52 of the ICPC Act for the authorisation of an independent counsel to investigate cases of electoral offences against governors and their deputies during the 2023 general elections, as ordered by the court,” the rights group stated.
The letter was copied to the Attorney General of the Federation, Prince Lateef Fagbemi (SAN), EFCC Chairman, Olanipekun Olukoyede and ICPC Chairman, Mr Musa Aliyu.
Similarly, in the second judgment, a Federal High Court, Lagos, ordered former Minister of Humanitarian Affairs, Disasters Management and Social Development, Sadia Umar-Farouk, to account for payments of N729 billion to 24.3 million poor Nigerians for six months, including the mechanisms and logistics put in place for the payments and list of beneficiaries.
The court ordered the former minister to provide the list and details of the beneficiaries who received the payments, the number of states covered and the payments per state.
The judgment against Umar-Farouk was delivered by Justice Deinde Isaac Dipeolu following SERAP’s Freedom of Information suit marked FHC/L/CS/853/2021.
Justice Dipeolu held: “The former minister is compelled by the provisions of the Freedom of Information Act to give information to any person including SERAP.
“I, therefore, grant an order of mandamus directing and compelling the minister to provide the spending details of N729 billion to 24.3 million poor Nigerians in 2021.”
Justice Dipeolu ordered the minister to provide SERAP with details of how the beneficiaries have been selected and the mechanisms for the payments to the beneficiaries.
Consequently, SERAP also wrote to President Bola Tinubu through his Chief of Staff, Femi Gbajabiamila, urging him to obey the judgment.
“We urge you to direct the Ministry of Humanitarian Affairs, Disasters Management and Social Development and the office of the Attorney General of the Federation to immediately compile and release the spending details of the N729 billion as ordered by the court.
“Transparency in the spending of the N729 billion meant for poor Nigerians is good for everyone, as this would help to increase the effectiveness, legitimacy, and contribution of the recovered loot to the development of public goods and services, and the general public interests. Democracy cannot flourish if governments operate in secrecy,” the group said in the letter signed by SERAP Deputy Director Kolawole Oluwadare, which was also copied by the Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN).
Reacting to Justice Egwuatu’s judgment on the prosecution of electoral offenders, Oluwadare said it was an “important milestone for Nigerians’ right to free and fair elections, and for victims of electoral offences in their search for justice, truth and reparations for the crimes which took place during the 2023 general elections.”
According to him, Justice Egwuatu’s judgment now provides a binding precedent for INEC to immediately pursue justice for those who suffered egregious abuses in Nigeria’s 2023 general elections.
He described Justice Dipeolu’s verdict against the former minister as “ground-breaking” and “a victory for transparency and accountability in the spending of public funds” and urged President Tinubu to immediately obey the court orders.
Human Rights lawyer, Femi Falana (SAN) hailed the judgment by Justice Dipeolu.
He said: “SERAP deserves the commendation of all well-meaning people that have agonised over reports of systemic corruption in the Ministry of Humanitarian Affairs, Disasters Management and Social Development and other MDAs.
“This is one of the most patriotic public interest litigations ever undertaken in Nigeria.
“We call on the Tinubu government to use the judgment as the basis for comprehensively addressing cases of corruption in the ministry and bringing to justice those suspected to be responsible as well as recovering proceeds of corruption.”
Legal Adviser, Amnesty International Secretariat, London, Dr Kolawole Olaniyan, urged President Tinubu to ensure the judgments are complied with.
“Pending the anticipated reforms, the Tinubu administration must consistently and fairly enforce the existing laws outlawing corruption, by obeying court judgments, including those obtained by the anti-corruption watchdog, SERAP,” he said.
Lagos lawyer, Jonathan Iyieke, who hailed the judgments, said the existence of corruption and impunity in the country has made it imperative to approach the courts regularly.
“In a country like Nigeria where corruption and disobedience to the rule of law are eulogised, it does not matter how many times one goes to court,” he declared and urged the president to ensure the judgments are obeyed.
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