The Federal High Court in Abuja has firmly rejected an application by the Independent National Electoral Commission (INEC) seeking to overturn a prior judgment that directed the electoral body to investigate and prosecute those responsible for electoral violence and other electoral offences during the 2023 general elections.
Justice Obiora Egwuatu, in a strongly worded ruling delivered on July 23, 2025, dismissed INEC’s preliminary objection and reaffirmed the finality of the court’s earlier judgment, issued on July 18, 2024.
The original ruling was in response to a suit filed by the Socio-Economic Rights and Accountability Project (SERAP), which had urged the court to compel INEC to take decisive legal action against perpetrators and sponsors of electoral malpractices.
INEC had filed a preliminary objection on December 17, 2024, challenging the judgment. The Commission argued that the ruling was a default judgment tainted by “misrepresentation, non-disclosure, and concealment of material facts” by SERAP. INEC also sought to relist the case in order to have it heard and determined on its substantive merits.
However, Justice Egwuatu dismissed INEC’s claims, stating unequivocally that the judgment delivered was on the merits and not a default ruling, as suggested by the Commission. The court held that once a judgment is rendered on the merits, it can only be set aside by a higher court—not by the same court that issued it.
In his 19-page ruling, Justice Egwuatu declared, “The judgment delivered by this court on the 18th of July, 2024 is a final judgment on the merits. It is not a default judgment as contended by INEC. Therefore, the application by INEC is dismissed for want of jurisdiction.”
He further elaborated that any allegation that the judgment misinterpreted provisions of the Electoral Act 2022 must be addressed at the appellate level. “If this court misinterpreted sections of the Electoral Act, it is the duty of the Court of Appeal to correct it. This court cannot sit in appeal over its own decision,” he added.
Justice Egwuatu emphasized that INEC’s reliance on “bureaucratic bottlenecks and administrative challenges” was not a valid justification for disregarding a valid court judgment.
He also pointed out that INEC had been properly served with court processes but chose not to file a defence. Consequently, the court proceeded to hear and decide the case based on the materials presented by SERAP.
“A person who has been served court processes cannot later claim denial of fair hearing if he voluntarily chose not to respond,” the judge asserted. “In this instance, INEC admitted in its affidavit that it had received the originating processes before the judgment was delivered.”
The court noted that since INEC failed to contest the application during the substantive hearing, it forfeited the right to raise a belated defence.
Reacting to the court’s ruling, SERAP’s Deputy Director, Kolawole Oluwadare, described the development as a major win for democratic accountability.
He said: “We welcome Justice Egwuatu’s ruling as a victory for the rule of law. INEC must immediately obey the judgment. A democratic state based on the rule of law cannot survive if INEC and its leadership continue to disregard final judgments of competent courts.”
Oluwadare also criticized the prevalence of electoral violence and vote-buying in Nigeria, describing them as grave threats to the credibility of the country’s electoral process. “The recurring cases of electoral bribery and violence mock Nigeria’s democracy. INEC must act decisively to end this culture of impunity and protect citizens’ rights to free and fair elections,” he said.
The case has been adjourned until October 20, 2025, for the hearing of SERAP’s contempt proceedings against INEC Chairman, Professor Mahmood Yakubu, over the commission’s failure to comply with the original court order.