commission’s “failure to put Ekiti vote buyers on trial and do something
about the allegations of vote buying by both the All Progressives Congress
(APC) and the Peoples Democratic Party (PDP) during recent governorship
election in Ekiti State.”
In the suit number FHC/L/CS/1418/18 filed last Friday at the Federal High
Court, Ikoyi, Lagos, SERAP is seeking “an order for leave to apply for
judicial review and to seek an order of mandamus compelling INEC and its
Chairman Professor Mahmood Yakubu to instruct security agencies to forward
to them reports of their investigations into allegations of vote buying
during the governorship election in Ekiti State and to collaborate with
the Independent Corrupt Practices and Other Related Offences Commission
(ICPC) and the Economic and Financial Crimes Commission (EFCC) to commence
prosecution of indicted persons.”
The suit followed the electoral commission’s response to SERAP last week
saying that while it had powers to prosecute alleged vote buyers, it
lacked the powers to arrest and investigate suspects. In the letter signed
by its Acting Secretary Okechukwu Ndeche INEC said while the Commission’s
legal officers or any legal practitioner appointed by it “can prosecute
alleged vote buying, other agencies must first arrest and investigate
suspects before the Commission can act on the matter.”
The organization is also seeking an order compelling INEC and its Chairman
to “prosecute anyone suspected to be involved and/or complicit in the
alleged vote buying during the elections in Ekiti State, Anambra State,
Edo State and Ondo State.”
The suit filed on behalf of SERAP by its counsel, Timothy Adewale read in
part: “To date, INEC and its Chairman have failed, neglected and/or
refused to comply with the request by SERAP to prosecute alleged vote
buyers. INEC has no reason whatsoever not to comply with SERAP’s request,
as the commission has constitutional and statutory responsibilities to
prosecute bribery and undue influence in the context of elections and
other electoral offences, as well as conduct and ensure a free and fair
election.”
“By virtue of Section 153(1)(f) and paragraphs 14 and 15 of the Third
Schedule to the 1999 Constitution of Nigeria (as amended) and Section 150
of the Electoral Act 2010 (as amended), INEC and its Chairman are under a
binding legal obligation to prosecute indicted persons who are alleged to
have participated or been involved in vote buying during elections and
other electoral offences to guarantee that the free participation of the
people is ensured, as intended by Section 14 (2)(C) of the Constitution.”
“INEC is failing in its duties to set machinery of justice in motion to
see to the prosecution of those suspected to have violated electoral and
anti-corruption laws. We seek an order of mandamus to compel the
commission and its Chairman them to perform such duties in the public
interest and in the overall interest of transparency and accountability of
the entire electoral process.”
“Mandamus is simply an order to compel the performance of a public duty in
which the person applying for the mandamus has sufficient legal interest.
SERAP by its mandates has sufficient legal interest as to the way and
manner laws are being obeyed and statutory duties effectively performed in
Nigeria. It is the right of any citizen or interested group to see that
the law is enforced where there is an infraction of that right or a threat
of its being violated in matters affecting the public law and the society
will be adversely affected by doing nothing.”
“Obedience to the rule of law by all citizens but more particularly those
who publicly took oath of office to protect and preserve the constitution
is a desideratum to good governance and respect for the rule of law. In a
democratic society, this is meant to be a norm; it is an apostasy for
government to ignore the provisions of the law and the necessary rules
made to regulate matters”.
The suit is seeking the following reliefs:
A. AN ORDER granting leave to the Applicant to apply for Judicial
Review and to seek an order of Mandamus directing and/or compelling the
1st and 2nd Respondents to instruct security agencies to forward to them
reports of their investigations into allegations of vote buying by both
the All Progressives Congress (APC) and the Peoples Democratic Party (PDP)
during the governorship election in Ekiti State held on the 14th day of
July, 2018, and to collaborate with the Independent Corrupt Practices and
Other Related Offences Commission (ICPC) and the Economic and Financial
Crimes Commission (EFCC) and other appropriate anti-corruption agencies to
without further delay commence prosecution of indicted persons;
B. AN ORDER granting leave to the Applicant to apply for Judicial
Review and to seek an order of Mandamus directing and/or compelling the
Respondents to prosecute anyone suspected to be involved and/or complicit
in the alleged vote buying;
C. AN ORDER of Mandamus directing and/or compelling the Respondents to
prosecute anyone suspected to be involved and/or complicit in the alleged
vote buying by both the All Progressives Congress (APC) and the Peoples
Democratic Party (PDP) during the governorship election in Ekiti State
held on the 14th day of July, 2018 and the elections in Anambra State, Edo
State and Ondo State;
D. AND for such order or other orders as this Honourable Court may deem
fit to make in the circumstance.
INEC’s letter dated 20 August 2018 read in part: “We refer to your letter
dated 17th July 2018 wherein you requested that the Commission investigate
and prosecute alleged vote buying in the recently concluded governorship
election in Ekiti State. The Commission wishes to inform you of the
constraints posed by extant statutory provisions against your
well-intended request.”
“You may also wish to note that it is not part of the constitutional
duties of the Commission to arrest and investigate suspects found to have
contravened provisions of the Electoral Act or any other Law for the time
being in force. Section 150(2) of the Electoral Act 2010 (as amended) only
confers powers on Legal Officers of the Commission or any other Legal
Practitioner appointed by it to undertake prosecution of offences
disclosed under Act.”
SERAP had earlier warned INEC to “take steps within 14 days of the receipt
and/or publication of the letter, failing which SERAP will institute legal
proceedings to compel you and the Independent National Electoral
Commission (INEC) to discharge your constitutional and statutory
responsibilities in the public interest.”
No date has been fixed for the hearing of the suit.