By Francis Ajuonuma
The Federal High Court in Abuja has thrown out an application by the Independent National Electoral Commission (INEC) seeking to set aside a judgment compelling it to investigate and prosecute electoral offenders from the 2023 general elections.
The ruling, delivered on July 23, by Justice Obiora Egwuatu, reaffirmed the validity of a July 2024 judgment secured by the Socio-Economic Rights and Accountability Project (SERAP), which ordered INEC to take concrete action against those responsible for electoral violence, vote-buying, and related offences.
Justice Egwuatu dismissed INEC’s preliminary objection, stating that the Commission’s claims of misrepresentation and denial of fair hearing were unfounded and lacked jurisdictional merit.
“The judgment delivered by this Court on July 18, 2024, is a final judgment on the merits. This court is functus officio and cannot review its own decision,” the judge ruled.
The court also faulted INEC’s argument that the judgment was a default ruling, emphasising that the Commission had been duly served and chose not to respond to the suit until after the judgment was delivered.
SERAP Deputy Director, Kolawole Oluwadare, welcomed the ruling as “a victory for the rule of law,” and urged INEC to comply with the court’s directive immediately.
“A democratic state cannot function if court judgments are ignored. INEC must now act decisively to investigate and prosecute those responsible for undermining the integrity of our electoral process,” he said.
The original judgment had directed INEC to appoint independent counsel to investigate allegations against state governors and their deputies, identify and prosecute perpetrators and sponsors of electoral violence, and prosecute suspects already in custody of law enforcement agencies.
The court has adjourned further proceedings in the case to October 20, 2025, for a hearing on SERAP’s contempt suit against INEC Chairman, Prof Mahmood Yakubu, over non-compliance with the original judgment.
