SERAP Files Contempt Suit against INEC Chair

Chuks Okocha in Abuja

Socio-Economic Rights and Accountability Project (SERAP) has filed a contempt lawsuit against Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC) “for failing to investigate the allegations of electoral offences committed during the 2023 general election, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.”

Justice Obiora Atuegwu Egwuatu of the Federal High Court, Abuja, had on 18 July, 2024 ordered INEC “to pursue cases of bribery against governor and their deputies, and other electoral offences committed during the 2023 general election.”
 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 Yakubu that he would be “guilty of contempt of Court and liable to be committed to prison” if he failed “to obey the judgment orders.”
 The notice, addressed to Yakubu, read in part: “Take notice that unless you obey the Orders contained in the Judgment of the 18th July 2024 made by Justice Egwuatu of the Federal High Court, Abuja in Suit Number: FHC/ABJ/CS/583/2023, a copy of which is hereto attached, you will be guilty of contempt of Court and will be liable to be committed to prison.”

In a statement dated 27 October 2024 and signed by SERAP Deputy Director, Kolawole Oluwadare, the organisation said, “It’s unacceptable to take the court, which is the guardian of justice in this country, for a ride. A democratic state based on the rule of law cannot exist or function, if INEC and its chair routinely ignore and/or fail to abide by court orders.

 “Despite the service of the certified true copy of the judgment on INEC and Professor Yakubu, they have failed and/or refused to obey it.”