The Socio-Economic Rights and Accountability Project (SERAP), a nongovernmental organisation with focus on transparency, accountability and anticorruption in public office, known for its numerous suits against many agencies of government and public office holders recently obtained judgments on two public interest litigations. YEJIDE GBENGA-OGUNDARE reports that these landmark judgments have profound effect on legal jurisprudence especially in terms of electoral violence, vote buying and related election offences.
To many, the Socio-Economic Rights and Accountability Project (SERAP), is just an organisation with little to show except its litany of court processes that seems not to yield any visible results. But this perception has been whittled with the recent achievement of SERAP in getting two landmark judgments on issues of public interest litigations; a court pronouncement on electoral violence and an order mandating account of funds made to Nigerians by a public office holder.
The first judgment, given by Justice Obiora Atuegwu Egwuatu of a Federal High Court sitting in Abuja delineated FHC/ABJ/CS/583/2023, which was based on a mandamus lawsuit filed by SERAP, mandated the Independent National Electoral Commission (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 and 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 further 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 held that, “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,” he added.
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 held further that “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 said that, “I must say that the entirety of the facts deposed to by SERAP was not controverted by INEC.”
By the ruling, Justice Egwuatu granted orders of mandamus compelling INEC to do the following: 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.
And 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.
The other significant judgment from many of its public interest litigations obtained by SERAP was from Justice Deinde Isaac Dipeolu of a Federal High Court sitting in Lagos following a suit by SERAP on a Freedom of Information application delineated FHC/L/CS/853/2021 where the court ordered the 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 also 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.
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.”
Also, the court 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,” he said.
SERAP wants judgment enforced
SERAP is calling for the enforcement of the judgments; in a letter dated July 20 sent to the 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,” it added.
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.
A copy of the letter requesting enforcement was sent to the Attorney-General of the Federation, Prince Lateef Fagbemi (SAN), the EFCC Chairman, Olanipekun Olukoyede and the ICPC Chairman, Mr Musa Aliyu.
Also, SERAP, in a letter dated July 6 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 demonstrates your commitment to the rule of law, transparency and accountability in the governance processes,” it said.
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 that “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 reiterated that “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.”
Falana, others hail judgment
Activist-lawyer Femi Falana (SAN) has hailed the judgment given by Justice Dipeolu, adding that “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,” he said.
Also, the Legal Adviser, Amnesty International Secretariat, London, Dr Kolawole Olaniyan, urged President Tinubu to ensure the judgments are complied with, noting that “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 legal practitioner, Jonathan Iyieke, hailed SERAP’s ‘numerous public interest litigations.’ He stated that “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.
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