The Federal High Court in Abuja has ordered the INEC prosecution of 2023 election offenders, firmly rejecting its appeal. The ruling follows a contempt lawsuit filed by SERAP, which accused INEC of disobeying the initial July 18, 2024, judgment mandating the agency to investigate and prosecute offenders.
Justice Obiora Egwuatu, in his 19-page judgment, dismissed INEC’s objection that alleged SERAP misrepresented material facts in court. He stated the July 2024 judgment was delivered on merit, not by default, and cannot be revisited by the same court. INEC prosecution of 2023 election offenders
INEC had, on December 17, 2024, filed an application seeking to set aside the ruling against INEC prosecution of 2023 election offenders, and revive the lawsuit for a full hearing. However, the judge ruled the court had become functus officio—no longer having jurisdiction to review a final decision. Consequently, the court cannot reverse itself based on administrative excuses from INEC.
Justice Egwuatu emphasized that INEC received the originating court documents and deliberately chose not to defend the lawsuit. According to the court, INEC’s failure to respond, despite being served, does not justify challenging the judgment.
He further added that only the Court of Appeal can overturn a judgment based on merit, not a lower court. The judgment stands as binding and enforceable.
Reacting to the decision, SERAP Deputy Director Kolawole Oluwadare called the ruling a victory for democracy and the rule of law. He urged INEC to comply immediately, stressing that recurring electoral offences undermine Nigeria’s democratic process.
“This decision reinforces accountability. INEC must now demonstrate integrity by prosecuting offenders of the 2023 elections without delay,” Oluwadare stated.
Meanwhile, the court has adjourned the contempt proceedings against INEC to October 20, 2025.
