In a significant legal move, the Socio-Economic Rights and Accountability Project (SERAP), BudgIT, and 34 concerned Nigerians have jointly filed a Lawsuit Challenges Alleged against President Bola Tinubu. The lawsuit, marked FHC/L/CS/2353/2023, was lodged on Friday at the Federal High Court in Lagos and challenges the appointment of at least four members of the All Progressives Congress (APC) and associates of high-ranking politicians as Resident Electoral Commissioners (RECs) for the Independent National Electoral Commission (INEC).
The Senate recently confirmed a Lawsuit Challenges Alleged seven out of the 10 newly appointed RECs, with alleged APC members filling key positions in Akwa-Ibom, Edo, Lagos, and Rivers states. The plaintiffs seek to annul these appointments, asserting that they are unconstitutional, unlawful, null, void, and of no effect.
Furthermore, the lawsuit calls for a mandamus order compelling President Tinubu and Senate President Godswill Akpabio to remove the alleged APC members from their roles as RECs, in line with section 157 of the Nigerian Constitution 1999. The plaintiffs also demand the appointment of qualified individuals with unquestionable integrity and non-affiliation to any political party or loyalist positions, as stipulated by the constitution.
The crux of the argument put forth by the plaintiffs is that the independence and impartiality of the INEC are paramount to the integrity of Nigeria’s electoral process and the democratic rights of its citizens. They stress that President Tinubu and the Senate have constitutional responsibilities to ensure the independence and impartiality of INEC officials.
The lawsuit contends that the appointed RECs must be non-partisan, independent, impartial, and neutral to effectively carry out their legal duties under the Electoral Act without bias. The plaintiffs emphasize the need for INEC to operate independently from government influence and be accountable to the electorate.
The defendants in the lawsuit include INEC, Senate President Godswill Akpabio, and individuals appointed as RECs. The legal action, brought by lawyers Kolawole Oluwadare and Andrew Nwankwo, underscores the importance of upholding constitutional and international standards in the nomination and confirmation of INEC officials.
The lawsuit draws attention to international agreements, such as the United Nations Human Rights Committee’s recommendation for independent electoral authorities and the African Union’s African Charter on Democracy, Elections, and Governance. These agreements call for the establishment of impartial electoral bodies to ensure fair and transparent elections.
The hearing date for the case is yet to be scheduled, setting the stage for a legal battle that could have far-reaching implications for the credibility and legitimacy of Nigeria’s electoral process.
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