Who can SUE INEC, Mahmood Yakubu for rigging elections in Nigeria?
In Nigeria, the legal concept of locus standi—the right to initiate legal proceedings—allows certain individuals and organizations to challenge the actions of a Resident Electoral Commissioner (REC) who tampers with BVAS data or otherwise undermines the integrity of an election. The determination of who has locus standi depends on the relationship of the plaintiff to the alleged misconduct and the provisions of Nigerian law.
Entities with Legal Locus Standi
- Independent National Electoral Commission (INEC)
- As the body responsible for organizing and supervising elections in Nigeria, INEC has the primary legal authority to initiate disciplinary or legal action against a REC who violates the law or manipulates electoral processes. INEC can:
- Refer the matter to law enforcement agencies for criminal prosecution.
- Initiate internal disciplinary proceedings in line with its statutory powers.
- As the body responsible for organizing and supervising elections in Nigeria, INEC has the primary legal authority to initiate disciplinary or legal action against a REC who violates the law or manipulates electoral processes. INEC can:
- Political Parties
- Political parties participating in an election have a legal interest in ensuring that the process is free, fair, and credible. Under the Electoral Act, 2022, any political party affected by the unlawful actions of a REC can challenge such actions in court or before an election tribunal.
- Candidates in the Election
- Candidates who believe their chances of winning an election were compromised by the REC’s actions have locus standi to file a petition at the relevant election tribunal.
- Section 133 of the Electoral Act, 2022 grants aggrieved candidates the right to challenge the outcome of an election if it is tainted by irregularities, including tampering with BVAS data.
- Candidates who believe their chances of winning an election were compromised by the REC’s actions have locus standi to file a petition at the relevant election tribunal.
- Registered Voters
- Individual voters whose rights have been directly violated by the REC’s actions—such as disenfranchisement or the alteration of results in their polling units—can file legal actions. However, the court may require such voters to demonstrate how they were personally affected by the REC’s misconduct.
- Civil Society Organizations (CSOs)
- CSOs, particularly those focused on electoral transparency, democracy, and human rights, can sue if they can show that the REC’s actions harm the public interest. Courts in Nigeria have increasingly recognized public-interest litigation as a valid avenue for holding public officers accountable.
- Attorney General of the Federation (AGF) or State
- As the chief law officer of the federation, the AGF has the locus standi to prosecute criminal actions against the REC for offenses such as tampering with BVAS data, falsification of results, or abuse of office.
- Election Observers (International or Domestic)
- While election observers do not typically have direct locus standi, they can provide critical evidence or reports to organizations or individuals with standing to take legal action. Their observations can support claims of electoral malpractice.
- Security Agencies
- Agencies such as the Nigerian Police Force, Economic and Financial Crimes Commission (EFCC), or Department of State Services (DSS) can investigate and prosecute the REC for offenses like election fraud, corruption, or cybercrime under applicable laws, including the Electoral Act and Cybercrimes Act.
Relevant Legal Frameworks
- Electoral Act, 2022: Governs legal challenges and defines electoral offenses.
- Constitution of the Federal Republic of Nigeria (1999, as amended): Provides for the enforcement of fundamental rights and public accountability.
- Cybercrimes (Prohibition, Prevention, etc.) Act, 2015: Addresses technology-related offenses like tampering with BVAS.
- Criminal Code Act / Penal Code Act: Outlines general criminal offenses applicable to electoral fraud.
Conclusion
Legal actions against a REC who tampers with BVAS data can be initiated by INEC, political parties, candidates, registered voters, civil society organizations, or the Attorney General. Each has locus standi under specific circumstances, depending on how the REC’s misconduct impacts their legal interests or the public good. This multi-faceted system ensures accountability and safeguards Nigeria’s electoral integrity.