FG Urged to Obey Judgments on Electoral Offenders, N729bn Poverty Fund by SERAP

Wale Igbintade and Sunday Okobi

Human right lawyer, Mr. Femi Falana SAN, and Legal Adviser at Amnesty International Secretariat, London, Dr Kolawole Olaniyan, have urged the federal government to comply with two recent judgments obtained by the Socio-Economic Rights and Accountability Project (SERAP).
Specifically, they urged the federal government to obey the order of the Federal High Court in Abuja, which ordered 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 2023 general election.

Besides, the senior lawyers also demanded compliance with the judgement of the Federal High Court in Lagos, which ordered the immediate past Minister of Humanitarian Affairs, Disasters Management and Social Development, Sadia Umar-Farouk, to account for payments of N729billion to 24.3 million poor Nigerians.
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 election 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 election 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.
A similar groundbreaking judgement was delivered by Justice Deinde Dipeolu following SERAP’s Freedom of Information suit numbered FHC/L/CS/853/2021.

In the judgement, the court ordered former Minister of Humanitarian Affairs, Disasters Management and Social Development, Sadia Umar-Farouk, to provide details of how N729billion was disbursed.
Justice Dipeolu held “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.”

Reacting to the judgements, Falana 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.”

Reacting to Justice Egwuatu’s judgment on prosecution of electoral offenders, SERAP Deputy Director Kolawole 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.”
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.”