The Socio-Economic Rights and Accountability Project (SERAP), in collaboration with BudgIT and 34 concerned Nigerians, has initiated legal action against President Bola Tinubu.
The lawsuit, numbered FHC/L/CS/2353/2023, filed at the Federal High Court in Lagos, challenges the appointment of purported All Progressives Congress (APC) members as Resident Electoral Commissioners (RECs) for the Independent National Electoral Commission (INEC).
The plaintiffs seek an order setting aside the alleged APC members’ nomination, confirmation, and appointment as RECs, deeming it unconstitutional, unlawful, null, void, and of no effect.
Additionally, they request an order of mandamus to compel President Tinubu and Senate President Godswill Akpabio to remove these appointees in line with Section 157 of the Nigerian Constitution 1999 (as amended).
The lawsuit contends that the appointment of allegedly partisan RECs undermines the independence and impartiality crucial for INEC’s integrity.
It further urges the court to direct President Tinubu to appoint qualified Nigerians, non-members of political parties, to the REC positions, adhering to constitutional provisions.
The plaintiffs argue that INEC’s credibility and the legitimacy of elections depend on the independence and impartiality of its officials.
Emphasizing the need for non-partisan, independent, and impartial RECs, the suit cites constitutional provisions, including Section 156(1) and Paragraph 14 of the Third Schedule of the 1999 Constitution.
The filing notes alleged breaches of Section 6(4) of the Electoral Act 2022, as well as Section 156(1)(a) and Paragraph 14 of the Third Schedule of the 1999 Constitution in the appointment process.
The plaintiffs highlight the importance of INEC’s independence, referencing international standards, including the United Nations Human Rights Committee and the African Union’s African Charter on Democracy, Elections, and Governance.
Defendants in the lawsuit include INEC, Senate President Godswill Akpabio, and individuals appointed as RECs. As of now, no hearing date has been scheduled for the case.
