The Federal High Court in Abuja, Nigeria, has issued a stern warning to Professor Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), threatening him with imprisonment for failing to act on electoral offences from the 2023 general elections.
This warning follows a contempt lawsuit brought by the Socio-Economic Rights and Accountability Project (SERAP), which claims Yakubu has not fulfilled the court’s mandate to investigate and prosecute alleged electoral offences.
The legal order, initially issued by Justice Obiora Atuegwu Egwuatu on July 18, 2024, directed INEC to address electoral misconduct, including bribery, vote-buying, and undue influence involving state governors and their deputies. Justice Egwuatu further ordered INEC to appoint independent counsel to lead the investigations and ensure the prosecution of any offenders.
In the formal notice, the court warned Yakubu, stating that he would be “guilty of contempt of Court and liable to be committed to prison” if he failed to obey the July 18 judgment. The notice read in part: “Take notice that unless you obey the Orders contained in the Judgment of the 18th July 2024 made by Justice Egwuatu of the Federal High Court, Abuja…you will be guilty of contempt of Court and will be liable to be committed to prison.”
In a statement dated October 27, 2024, SERAP’s deputy director, Kolawole Oluwadare, criticized INEC’s non-compliance, emphasizing that “A democratic state based on the rule of law cannot exist or function if INEC and its chair routinely ignore and/or fail to abide by court orders.” The organization called on INEC to address electoral misconduct ahead of the 2025 Ondo governorship election, warning that the agency’s inaction could undermine Nigeria’s electoral process.
The court’s mandate also instructed INEC to work with law enforcement agencies like the Nigeria Police Force, the Economic and Financial Crimes Commission, and the Independent Corrupt Practices and Other Related Offences Commission to prosecute all arrested electoral offenders from the 2023 general elections. Justice Egwuatu emphasized 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.”
The court has yet to set a date for the contempt hearing against Yakubu.
