Court Sends INEC’s Yakubu Contempt Warning for Refusing to Prosecute Election Offenders

The Abuja Federal High Court has issued a notice of contempt of court against Mahmood Yakubu, the chairman of the Independent National Electoral Commission (INEC), for failing to investigate, identify and prosecute perpetrators of election offences in the 2023 general elections.

According to a statement the Socio-Economic Rights and Accountability Project (SERAP), a civil society seeking accountability, shared with FIJ on Sunday, Yakubu has failed to obey the court’s order to go after electoral offenders.

On July 18, Justice Obiora Atuegwu Egwuatu ordered that INEC’s chair should investigate cases of bribery against state governors and their deputies during the last general election.

However, three months after that order was issued in a suit marked ‘FHC/ABJ/CS/583/2023’, neither INEC nor Yakubu has complied with it.

“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,” SERAP stated.

“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”.

“The notice, addressed to Professor 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.”

Justice Egwuatu ordered the electoral body to: seek the appointment of an independent counsel to investigate state governors and their deputies accused of electoral offences including bribery, vote-buying, conspiracy, and undue influence during the 2023 general election; 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.

The court also asked INEC to swiftly, prosecute all arrested electoral offenders in the election in the custody of the Nigeria Police Force (NPF), Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other law enforcement agencies.

FIJ

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