The Federal High Court in Abuja has dismissed a legal challenge filed by the Independent National Electoral Commission (INEC), which sought to overturn a judgment compelling it to investigate and prosecute those responsible for electoral violence and related crimes during the 2023 general elections.
According to Kolawole Oluwadare, deputy director of the Socio-Economic Rights and Accountability Project (SERAP), the electoral body had filed a preliminary objection on December 17, 2024. The objection aimed to set aside the ruling delivered by Justice Obiora Egwuatu on July 18, 2024, on the grounds of alleged misrepresentation and concealment of facts. INEC also requested that the lawsuit be relisted to allow for full hearing on the merits.
In a detailed ruling dated July 23, 2025, Justice Egwuatu rejected all arguments presented and declared that the original judgment was valid, final, and delivered on its merits—not a default judgment, as claimed.
The court emphasized that once a judgment is made, it becomes functus officio—meaning it cannot be revisited by the same court except to correct clerical errors. Justice Egwuatu stressed that any alleged misinterpretation of the Electoral Act could only be addressed by the Court of Appeal, not the lower court. He further ruled that no errors or accidental omissions were raised by INEC that could justify reopening the matter.
INEC’s reliance on internal administrative challenges was dismissed by the judge, who stated that such justifications could not invalidate a well-considered judgment. “A judgment on the merits,” the court held, “can only be set aside by a higher court. The commission’s remedy lies at the appellate level.”
READ ALSO: Tinubu Sets Q1 2026 Deadline for National Single Window Project Take-off
Justice Egwuatu also confirmed that the commission was properly served the court documents and was given sufficient opportunity to respond before judgment was passed. He noted that the commission neither filed a defence nor contested SERAP’s application, thus forfeiting its right to later claim denial of fair hearing.
Welcoming the decision, SERAP’s Oluwadare described the ruling as a victory for the rule of law, urging INEC to comply with the court’s directives without delay. He noted that electoral bribery and violence continue to undermine Nigeria’s democratic process, and the commission must now rise to its constitutional duty.
INEC under scrutiny as court dismisses bid to overturn judgment on electoral offenders.
The July 2024 judgment had issued several mandamus orders against INEC, including:
The appointment of independent counsel to investigate electoral offences such as bribery, vote-buying, and undue influence, especially against high-ranking state officials.
A directive to promptly and thoroughly investigate all reports of electoral violence from the 2023 general elections and prosecute those found culpable.
The prosecution of individuals already in custody for election-related crimes, in collaboration with law enforcement bodies such as the EFCC, ICPC, and the Nigeria Police.
The matter has been adjourned to October 20, 2025, for continued hearing of the contempt proceedings against INEC.
