By Adedapo Adesanya
Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against the Independent National Electoral Commission (INEC) over the failure to investigate allegations of electoral violence and other electoral offences during the governorship polls in March 2023.
The suit was filed on behalf of SERAP by its lawyers, Mr Kolawole Oluwadare, Mr Andrew Nwankwo, and Ms Blessing Ogwuche.
According to several reports, 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 zones.
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 an independent counsel to investigate allegations of electoral offences against state governors and their deputies during the 2023 elections.”
SERAP is seeking “an order of mandamus compelling INEC to promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.”
In the suit, SERAP is arguing that: “By allegedly engaging in electoral violence and other electoral offences in so blatant a fashion, suspected perpetrators and their sponsors have clearly acted in violation of constitutional provisions, international standards, and the Electoral Act,” noting that, “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,” it added.
No date has been fixed for the hearing of the suit.
