Francis Iwuchukwu 
A Federal High Court Abuja has ordered the Independent National Electoral Commission (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 election”.
The court also ordered INEC “to promptly, thoroughly and effectively investigate cases of electoral violence and other electoral offences committed during the 2023 general election and to identify suspected perpetrators and their sponsors and ensure their effective prosecution.”
Ruling on a mandamus suit instituted by the Socio-Economic Rights and Accountability Project (SERAP) on Thursday, Justice Obiora Atuegwu also ordered INEC “to promptly, thoroughly and effectively investigate cases of electoral violence and other electoral offences committed during the 2023 general election and to identify suspected perpetrators and their sponsors and ensure their effective prosecution”.
He further ordered the body “to swiftly prosecute all arrested offenders in the 2023 general elections in the custody of the police, Economic and Financial Crimes Commission (EFCC) Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other law enforcement agencies”.
Justice Egwuatu said: “I have compassionately evaluated the depositions in the affidavit of SERAP and I have no reason not to believe the depositions more so when there is documentary evidence in support of the depositions. “In the circumstances therefore, I find merit in the application.
The sole issue of whether this court ought to grant the relief of judicial review and orders of mandamus is resolved in favour of SERAP. Accordingly, I grant the prayers sought.”
The court added: “Being citizens of this great country, SERAP and its members have the legal interest whose enjoyment or enforcement directly or substantially depends on the performance of public duty by INEC.
“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.”
