The Federal High Court in Abuja has dismissed an application by the Independent National Electoral Commission (INEC) seeking to set aside a previous ruling mandating it to investigate and prosecute sponsors and perpetrators of electoral violence during Nigeria’s 2023 general elections.
Justice Obiora Egwuatu, in a ruling delivered on July 23, 2025, rejected INEC’s plea, declaring that the July 18, 2024 judgment obtained by the Socio-Economic Rights and Accountability Project (SERAP) was a final judgment on merit—not a default judgment as claimed by INEC.
INEC had filed a preliminary objection on December 17, 2024, alleging misrepresentation, non-disclosure, and concealment of facts by SERAP. It also asked the court to relist the case for a fresh hearing. However, the court dismissed these arguments, stating it lacked jurisdiction to review its own decision and reaffirmed that only the Court of Appeal could overturn such a ruling.
Justice Egwuatu emphasized that:
“Once a court delivers its judgment, it becomes functus officio, except for correcting clerical errors or omissions.”
He also ruled that INEC was given ample opportunity to respond before the original ruling but chose not to. The court confirmed that all processes were properly served, and INEC failed to file any opposition.
In response, SERAP’s Deputy Director, Kolawole Oluwadare, welcomed the decision:
“This is a victory for the rule of law. INEC must now comply with the court’s order to prosecute those responsible for electoral violence.”
He added that ongoing impunity for electoral offences threatens the credibility of Nigeria’s democracy and called on INEC to uphold justice ahead of the 2027 general elections.
The contempt case against INEC and its Chairman, Prof. Mahmood Yakubu, has been adjourned to October 20, 2025.
