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2027 elections: SERAP threatens legal action, gives INEC 7 days to prosecute electoral violence suspects

Daily Intel Newspaper by Daily Intel Newspaper
November 15, 2026
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The Socio-Economic Rights and Accountability Project has given Professor Joash Amupitan, Chairman of the Independent National Electoral Commission (INEC), seven days to “obtain from the Nigeria Police Force the case files and relevant investigation materials concerning persons arrested in connection with reported incidents of electoral and political violence since the commencement of campaigns for the 2027 general elections, and promptly prosecute those against whom the available evidence establishes offences under the Electoral Act 2026.”

SERAP’s letter follows reports of several incidents of electoral and political violence across the country since the commencement of campaigns, including the latest reported attack on the Nigeria Democratic Congress (NDC) members and supporters during a town hall meeting in Oregun, Lagos on 12 November 2026.

SERAP urged Professor Amupitan to “direct INEC’s legal officers or legal practitioners appointed by the Commission to promptly review the case files and prosecute persons already arrested where the available evidence establishes offences under the Electoral Act 2026.”

SERAP also urged him and INEC to “press the Police to intensify and conclude investigations into other reported incidents, identify and arrest all other suspected perpetrators and their sponsors, and transmit the relevant case files and evidence to the Commission for prosecution.”

SERAP further urged him to “exercise INEC’s powers under section 83 of the Electoral Act 2026 to demand explanations from political parties suspected of involvement in or encouraging prohibited conduct, and impose the prescribed fine on any party that fails to respond or comply with a lawful directive.”

In the letter dated 14 November 2026 and signed by SERAP deputy director, Kolawole Oluwadare, the organisation said: “The prosecution of electoral offences is essential not only to punish individual offenders but also to deter future violations and prevent the normalisation of electoral and political violence in the country.”

SERAP said: “INEC has a clear statutory responsibility to prosecute electoral offences and ensure that those responsible are held to account, regardless of their political affiliations or positions. Effective prosecutions would send a clear message that no individual, political party, candidate, or group is above the law.”

The letter, read in part: “We would be grateful if the recommended measures are taken within seven days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel you and INEC to discharge your statutory responsibilities in the public interest.”

“SERAP is concerned about growing reports of electoral and political violence, intimidation, threats and attacks on political meetings, candidates, supporters and campaign activities across Nigeria.”

“Since campaigns for the 2027 general elections commenced on 19 August 2026, several incidents of attacks on political convoys and party secretariats, disruption of rallies and meetings, and intimidation of political opponents and supporters have been reported across the country. These incidents have reportedly resulted in deaths, injuries, destruction of property and arrests.”

“These developments raise serious concerns about the safety of political participants, the ability of parties and candidates to campaign freely, and the prospects for peaceful, free and credible general elections in 2027.”

“Failure to prosecute suspected perpetrators could encourage further attacks and deepen impunity. Such a climate of fear may deter opposition parties from holding meetings, prevent candidates from reaching voters, silence journalists and undermine citizens’ political participation.”

“Since the commencement of campaigns for the 2027 general elections on 19 August 2026, several incidents of electoral and political violence have been reported across the country.”

“These include the reported obstruction of the convoy of the NDC presidential candidate, Peter Obi, in Benue State on 8 September; the attack on an NDC ward meeting and a separate PDP rally in Enugu State on 12 September; the reported attack on the convoy of ADC senatorial candidate, Herberta Okonofua, in Edo State on 6 October; and the attacks on NDC supporters during the campaign activities of governorship candidate Chinyeaka Ohaa in Enugu State on 10 October, in which one supporter subsequently died.”

“Other reported incidents include the attack on supporters of Accord governorship candidate Oriyomi Hamzat during a procession in Ibadan on 14 October, which resulted in one death; the attack on the convoy of NDC candidate Rollins Offia-Nwali in Ebonyi State on 22 October, which reportedly left one person dead and three injured; and the attack on AAC presidential candidate Omoyele Sowore and members of his team in Ado-Ekiti on 30 October.”

“More recently, Peter Obi’s convoy was attacked in Calabar on 4 November, an NDC political procession in Asaba on 7 November reportedly left one person dead and five injured, and suspected armed men disrupted an NDC town hall meeting in Lagos on 12 November.”

“During the Lagos incident, journalist Samuel Adebanjo was reportedly assaulted and his equipment seized while covering the meeting. These incidents have reportedly resulted in deaths, injuries, destruction of property, attacks on journalists and disruption of lawful political activities. They threaten the safety of political participants and undermine the ability of Nigerians to participate freely in political activities without fear of violence, intimidation or reprisals.”

“While SERAP acknowledges the reported arrests and investigative steps taken by the Police, arrests alone are insufficient to secure accountability or deter further violations. Suspected perpetrators must be investigated and, where the evidence supports prosecution, brought before competent courts.”

“Those who organise, finance, direct or sponsor political violence must not escape accountability.”

“The prosecution of electoral offences would also reassure citizens that they can participate in the electoral process without fear for their safety. Ahead of the 2027 general elections, Nigerian authorities must ensure a safe and peaceful environment in which citizens can freely express political opinions, support candidates of their choice, attend political meetings and participate in campaigns.”

“Without such an environment, political participation risks becoming merely theoretical, while the credibility and legitimacy of the electoral process may be seriously undermined.”

“The Electoral Act 2026 expressly prohibits various forms of electoral violence, intimidation and other prohibited conduct. Section 96(5) prohibits political parties, aspirants and candidates from retaining, organising, training or equipping any person or group to use physical force or coercion to promote a political objective.”

“Section 96(6) prohibits political parties, aspirants and candidates from keeping or using armed private security organisations, vanguards or any other group or individual, by whatever name called, to provide security for, assist or aid them in any manner during campaigns, rallies, processions or elections.”

“Sections 96(7) and (8) prescribe penalties for violations of section 96 and for aiding or abetting a contravention of subsection (5), respectively.”

“Section 97 prohibits directly or indirectly threatening any person with force or violence during a political campaign to compel support for or non-support of a political party or candidate. Section 120 criminalises disorderly conduct intended to prevent the transaction of the business of a political meeting, as well as possession of offensive weapons or missiles at such meetings.”

“The penalties prescribed by these provisions reflect the seriousness of political violence and intimidation. However, these statutory safeguards will be ineffective if suspects are arrested but not prosecuted. Effective enforcement is essential to ensure that violations of the Electoral Act carry meaningful consequences.”

“Most importantly, section 148(2) of the Electoral Act 2026 provides that prosecutions under the Act shall be undertaken by INEC’s legal officers or legal practitioners appointed by the Commission. INEC must therefore work with the Police and other investigative authorities to ensure that persons suspected of electoral offences are prosecuted where the available evidence supports charges.”

“Sections 150 and 151 empower the Commission to delegate its functions and issue regulations and guidelines for effective implementation of the Act. These provisions reinforce the need for effective institutional arrangements to prosecute electoral offences.”

“SERAP recognises that the Police and other law-enforcement agencies have primary responsibility for criminal investigations, arrests and evidence gathering.”

“However, this division of responsibilities must not create a gap in accountability. INEC should proactively obtain relevant police reports and case files, assess the evidence and ensure that its legal officers or appointed practitioners promptly institute and conduct prosecutions where sufficient evidence exists.”

“These responsibilities are also grounded in Nigeria’s constitutional and international human rights obligations. Section 14(2)(c) of the Nigerian Constitution 1999 (as amended) affirms that the participation of the people in their government shall be ensured.”

“Sections 39 and 40 protect freedom of expression, assembly and association, while section 42 prohibits discrimination, including on grounds of political opinion.”

“These guarantees protect citizens’ rights to express political views, organise meetings, associate with political parties of their choice and participate freely in public affairs.”

“Article 25 of the International Covenant on Civil and Political Rights (ICCPR) protects every citizen’s right and opportunity to participate in public affairs and elections, while Articles 19, 21 and 22 protect freedom of expression, peaceful assembly and association. Articles 2(1) and 2(3) require Nigeria to respect these rights and provide effective remedies for violations.”

“Similarly, Articles 9, 10, 11 and 13 of the African Charter on Human and Peoples’ Rights protect freedom of expression, association and assembly, and the right of citizens to participate freely in government. Article 1 requires Nigeria to adopt measures to give effect to these rights.”

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