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SERAP has given INEC Chairman, Professor Joash Amupitan, seven days to obtain police case files and prosecute persons arrested over reported electoral and political violence since campaigns began.
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The organisation cited a series of attacks on political convoys, party meetings and campaign activities across the country, including the November 12 attack on NDC supporters in Lagos.
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It urged INEC to investigate and prosecute suspected sponsors of political violence and invoke Section 83 of the Electoral Act 2026 against political parties implicated in prohibited conduct.
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SERAP threatened legal action against Amupitan and INEC if they failed to act within seven days, warning that failure to prosecute offenders could undermine the credibility of the 2027 general elections.
November 15, (THEWILL) – The Socio-Economic Rights and Accountability Project (SERAP) 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.”
The demand followed reports of several incidents of electoral and political violence across the country since campaigns for the 2027 general elections commenced on August 19, 2026, including the latest reported attack on members and supporters of the Nigeria Democratic Congress (NDC) during a town hall meeting in Oregun, Lagos State, on November 12.
In a letter dated November 14, 2026, and signed by its Deputy Director, Kolawole Oluwadare, SERAP urged Amupitan to direct INEC’s legal officers or legal practitioners appointed by the Commission to review the police investigation files and promptly prosecute suspects already arrested where available evidence establishes offences under the Electoral Act 2026.
The organisation also asked the INEC chairman to prevail on the police to intensify and conclude investigations into other reported incidents, identify and arrest suspected perpetrators and their sponsors, and transmit relevant case files and evidence to the Commission for prosecution.
SERAP further urged Amupitan 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 to or comply with a lawful directive.
“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”, the organisation said.
It maintained that INEC had a clear statutory responsibility to prosecute electoral offences and ensure that those responsible were held accountable, 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”, SERAP added.
Seven-Day Deadline, Legal Action Threat
The organisation warned that failure to prosecute suspected perpetrators could encourage further attacks and deepen impunity, particularly as political parties and candidates intensify activities ahead of the 2027 elections.
It gave INEC seven days from the receipt and/or publication of its letter to implement the recommended measures, threatening to institute legal proceedings if the Commission failed to act.
“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”, it stated.
SERAP expressed concern over what it described as growing reports of electoral and political violence, intimidation, threats and attacks on political meetings, candidates, supporters and campaign activities across Nigeria.
It said incidents reported since August 19 had included attacks on political convoys and party secretariats, disruption of rallies and meetings, and intimidation of political opponents and supporters, resulting in deaths, injuries, destruction of property and arrests.
Obi, Sowore, Other Political Figures Among Victims
Among the incidents cited was the reported obstruction of the convoy of the NDC presidential candidate, Peter Obi, in Benue State on September 8.
The organisation also listed the attack on an NDC ward meeting and a separate Peoples Democratic Party (PDP) rally in Enugu State on September 12, as well as the reported attack on the convoy of the African Democratic Congress (ADC) senatorial candidate, Herberta Okonofua, in Edo State on October 6
It further cited attacks on NDC supporters during the campaign activities of governorship candidate Chinyeaka Ohaa in Enugu State on October 10, in which one supporter subsequently died.
Other incidents included the October 14 attack on supporters of Accord governorship candidate, Oriyomi Hamzat, during a procession in Ibadan, Oyo State, which reportedly left one person dead.
SERAP also referred to the October 22 attack on the convoy of NDC candidate Rollins Offia-Nwali in Ebonyi State, which reportedly resulted in the death of one person and injuries to three others.
The organisation listed the October 30 attack on the African Action Congress (AAC) presidential candidate, Omoyele Sowore, and members of his team in Ado-Ekiti, Ekiti State, among the incidents requiring investigation and prosecution.
It also cited the reported attack on Peter Obi’s convoy in Calabar, Cross River State, on November 4, and an NDC political procession in Asaba, Delta State, on November 7, which reportedly left one person dead and five others injured.
The latest incident involved the disruption of an NDC town hall meeting in Oregun, Lagos, on November 12, by suspected armed men. During the incident, journalist Samuel Adebanjo was reportedly assaulted, while his equipment was seized as he covered the meeting.
SERAP said the incidents had raised serious concerns about the safety of political participants, the ability of political parties and candidates to campaign freely, and the prospects for peaceful, free and credible general elections in 2027.
Arrests Not Enough, SERAP Insists
It acknowledged reported arrests and investigative steps taken by the police but insisted that arrests alone were insufficient to guarantee accountability or deter further violations.
“Suspected perpetrators must be investigated and, where the evidence supports prosecution, brought before competent courts”, it said, stressing that those who organise, finance, direct or sponsor political violence must also be held accountable.
According to SERAP, effective prosecution would reassure citizens that they could participate in the electoral process without fear for their safety and enable political parties and candidates to freely express their positions and reach voters.
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Electoral Act Prescribes Penalties For Political Violence
On the legal provisions underpinning its demand, SERAP cited Section 96(5) of the Electoral Act 2026, which 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.
It also referred to Section 96(6), which prohibits political parties, aspirants and candidates from keeping or using armed private security organisations, vanguards or any other group or individual, regardless of the name by which they are called, to provide security for, assist or aid them in any manner during campaigns, rallies, processions or elections.
The organisation noted that Sections 96(7) and 96(8) prescribe penalties for violations of Section 96 and for aiding or abetting a contravention of subsection (5).
It further cited Section 97, which prohibits directly or indirectly threatening any person with force or violence during a political campaign to compel support for or opposition to a political party or candidate.
Section 120, it added, criminalises disorderly conduct intended to prevent the transaction of business at political meetings, as well as possession of offensive weapons or missiles at such gatherings.
SERAP said the penalties prescribed by these provisions reflected the seriousness of electoral violence and intimidation, but warned that the statutory safeguards would be ineffective if suspects were arrested without being prosecuted.
INEC’s Statutory Responsibility Under Section 148
It particularly drew attention to Section 148(2) of the Electoral Act 2026, which provides that prosecutions under the Act shall be undertaken by INEC’s legal officers or legal practitioners appointed by the Commission.
The organisation said the provision placed a clear responsibility on INEC to work with the police and other investigative authorities to ensure that persons suspected of electoral offences were prosecuted whenever the available evidence supported charges.
It acknowledged that the police and other law enforcement agencies had primary responsibility for criminal investigations, arrests and evidence gathering but said this division of responsibilities should not create a gap in accountability.
SERAP also cited Sections 150 and 151 of the Electoral Act 2026, which empower INEC to delegate its functions and issue regulations and guidelines for the effective implementation of the Act.
Cites Constitution, International Human Rights Obligations
Beyond the electoral law, the organisation said the protection of political participation was also guaranteed under the Nigerian Constitution and international human rights instruments binding on the country.
It referenced Section 14(2)(c) of the 1999 Constitution, as amended, which affirms that the participation of the people in their government shall be ensured. It also cited Sections 39 and 40, which protect freedom of expression, assembly and association, and Section 42, which prohibits discrimination, including on the grounds of political opinion.
SERAP further referred to Article 25 of the International Covenant on Civil and Political Rights (ICCPR), which protects every citizen’s right and opportunity to participate in public affairs and elections.
Articles 19, 21 and 22 of the ICCPR also protect freedom of expression, peaceful assembly and association, while Articles 2(1) and 2(3) require Nigeria to respect these rights and provide effective remedies for violations.
Similarly, the organisation cited Articles 9, 10, 11 and 13 of the African Charter on Human and Peoples’ Rights, which protect freedom of expression, association and assembly, as well as citizens’ right to participate freely in government.
It said Article 1 of the African Charter further required Nigeria to adopt measures to give effect to the rights guaranteed under the instrument.
SERAP warned that without effective enforcement of electoral laws and accountability for political violence, citizens could be deterred from exercising their democratic rights, while the credibility and legitimacy of the 2027 general elections could be seriously undermined.
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