Several prominent lawyers, including Femi Falana (SAN) and Dr. Kolawole Olaniyan, Legal Adviser at Amnesty International, have called on the Nigerian Federal Government to comply with two key court rulings.
These judgments, secured by the Socio-Economic Rights and Accountability Project (SERAP), address issues related to electoral offences during the 2023 general elections and the disbursement of N729 billion to 24.3 million Nigerians.
The first judgment, delivered by Justice Obiora Atuegwu Egwuatu of the Federal High Court in Abuja, mandates the Independent National Electoral Commission (INEC) to investigate and prosecute state governors, their deputies, and others involved in electoral violence, vote-buying, and bribery during the 2023 general elections. The court ordered INEC to appoint independent counsel to investigate these electoral offences and ensure that those responsible are brought to justice.
The judgment highlighted widespread electoral violence in the country, particularly in Lagos, where voters were intimidated and electoral misconduct was rampant.
Justice Egwuatu emphasized the importance of holding individuals accountable for electoral crimes to ensure free and fair elections in the future.
He added: “In requesting the performance of the public duty imposed on the electoral body, SERAP has demonstrated a great zeal of patriotism.
“The substance of SERAP’s grouse is the violence associated with elections in Nigeria which tends to prevent citizens from exercising their franchise during elections, thus preventing credible elections and in the long run credible leaders.
“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.”
Justice Egwuatu’s ruling also directed INEC to prosecute offenders already in custody, including those held by law enforcement agencies such as the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices Commission (ICPC), and the Nigeria Police Force.
The second significant judgment, delivered by Justice Deinde Isaac Dipeolu of the Federal High Court in Lagos, requires former Minister of Humanitarian Affairs, Sadia Umar-Farouk, to account for the N729 billion reportedly paid to 24.3 million Nigerians over a six-month period.
The court ordered Umar-Farouk to provide details of the beneficiaries, including their identities, how they were selected, and the mechanisms used to disburse the funds.
This judgment followed a Freedom of Information request filed by SERAP, which argued that transparency is essential in ensuring public funds are used effectively. Justice Dipeolu ruled that the minister is obligated to disclose the information under the Freedom of Information Act.
The court order requires the Ministry of Humanitarian Affairs to reveal how the funds were spent and to publish the list of beneficiaries across the country.
SERAP, in a letter to INEC Chairman Prof. Mahmood Yakubu and President Bola Ahmed Tinubu, has called for immediate enforcement of these rulings. The rights group stressed that following through on these court orders is crucial for upholding the rule of law and ensuring accountability in Nigeria’s democratic process.
Femi Falana, one of the prominent voices backing the judgments, praised the rulings as vital steps toward tackling corruption and electoral violence in Nigeria. He stated that SERAP’s efforts are “one of the most patriotic public interest litigations ever undertaken in Nigeria.”
In his words;
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.”
