FG must comply with judgments on electoral offenders, N729b spending – Falana, SERAP, others
Senior lawyers, including Femi Falana, SAN, and Legal Adviser at Amnesty International Secretariat, London, Dr Kolawole Olaniyan, have urged the Federal Government to comply with two judgments obtained by the Socio-Economic Rights and Accountability Project (SERAP).
In the first groundbreaking judgment, the Federal High Court in Abuja ordered the 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 independent counsel to investigate cases of electoral violence and other electoral offences against state governors and their deputies during the 2023 general elections.”
In the second landmark judgment, the Federal High Court in Lagos ordered former Minister of Humanitarian Affairs, Disasters Management and Social Development, Sadia Umar-Farouk, to account for payments of N729billion to 24.3 million poor Nigerians for six months.
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 on electoral violence was delivered on July 18 by Justice Obiora Atuegwu Egwuatu following a mandamus lawsuit numbered FHC/ABJ/CS/583/2023 brought by SERAP.
The court also 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.”
Justice Egwuatu 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.
He added: “In requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.
“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.”
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.
“Clearly, therefore, the law imposes on INEC the performance of a public duty.”
Affirming SERAP’s right to bring the action, the judge added: “I must say that the entirety of the facts deposed to by SERAP was not controverted by INEC.”
Justice Egwuatu granted orders of mandamus compelling 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.
●To promptly, thoroughly and effectively investigate reports of electoral violence and other electoral offences committed during the 2023 general elections, identify suspected perpetrators and their sponsors, and ensure their effective prosecution.
●To swiftly, prosecute all arrested electoral offenders in the just concluded 2023 general election in the custody of the Nigeria Police Force, EFCC, ICPC and other law enforcement agencies.
In a July 20 letter to INEC Chairman, Prof. Mahmood Yakubu, SERAP urged 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.
“We also urge you to work closely with the Nigeria Police Force, EFCC, ICPC and other law enforcement agencies to prosecute the perpetrators and sponsors of electoral offences during the 2023 general elections, as ordered by the court.”
The rights group stressed that respecting and implementing Justice Egwuatu’s orders are imperative for protecting the rights of Nigerians to a free and fair election and reinforcing the primacy of the Constitution, Electoral Act and the country’s international obligations.
The letter was copied to Attorney-General of the Federation Prince Lateef Fagbemi (SAN), EFCC Chairman Olanipekun Olukoyede and ICPC Chairman Mr Musa Aliyu.
Judgment on spending details of N729b
The judgment against Umar-Farouk was delivered on June 27 by Justice Deinde Isaac Dipeolu following SERAP’s Freedom of Information suit numbered 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.”
Justice Dipeolu granted orders of mandamus “directing and compelling the respondent to provide the details of the 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.”
SERAP, in a July 6 letter to President Bola Ahmed Tinubu through his Chief of Staff Femi Gbajabiamila, urged him to obey the judgment.
The letter reads in part: “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 citizens are entitled to know how the commonwealth including Abacha loot, is being utilised, managed and administered in a democratic setting.
“Immediately implementing the judgment will restore trust and confidence in the independence of Nigeria’s judiciary.
“SERAP urges you to make a clean break with the past and take clear and decisive steps that demonstrate your commitment to the rule of law, transparency and accountability in the governance processes.”
The letter, signed by SERAP Deputy Director Kolawole Oluwadare, was also copied Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi (SAN).
Reacting to Justice Egwuatu’s judgment on 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.”
He added: “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.
“We commend Justice Egwuatu for his wisdom and courage, and his landmark decision.”
Oluwadare 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.”
He added: “The judgment shows the urgent need for the Tinubu government to genuinely address the systemic allegations of corruption in the Ministry of Humanitarian Affairs, Disasters Management and Social Development and other ministries, departments and agencies, as documented by the Auditor-General of the Federation.
“We commend Justice Dipeolu for her courage and wisdom, and urge President Bola Tinubu to immediately obey the court orders.”
Activist-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.
He said: “Pending the anticipated reforms, the Tinubu Administration must consistently and fairly enforce the existing laws outlawing corruption, by for example obeying court judgments, including those obtained by the anti-corruption watchdog, SERAP.”
He recalled that SERAP had also obtained a judgment ordering the Federal Government to account for the $460million Chinese loan obtained to fund the failed Abuja CCTV contract.
A Lagos lawyer, Jonathan Iyieke, hailed SERAP’s “numerous public interest litigations”.
“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 urged the Tinubu administration to ensure the judgments were obeyed.
