SERAP Urges INEC to Act on Electoral Violence Cases

The Socio-Economic Rights and Accountability Project (SERAP) has asked Joash Amupitan, the chairman of the Independent National Electoral Commission (INEC), to take action within seven days. They want him to get case files and investigation materials from the Nigeria Police Force about people arrested for electoral violence since the campaigns for the 2027 general elections began. SERAP wants those with enough evidence against them to be prosecuted under the Electoral Act 2026.

This letter from SERAP comes after reports of violence during the election campaigns. The latest incident involved an attack on members of the Nigeria Democratic Congress (NDC) in Oregun, Lagos on 12 November 2026.

SERAP urged Mr. Amupitan to instruct INEC's legal team to review these cases and to prosecute anyone arrested if there is enough evidence. They also want him to push the Police to finish their investigations into other reported cases, find all suspects, and send the necessary files to INEC for prosecution.

Additionally, SERAP asked him to use INEC's powers to ask political parties suspected of wrongdoing to explain themselves and to impose fines on any party that does not comply with lawful requests.

In a letter dated 14 November 2026 and signed by SERAP's deputy director, Kolawole Oluwadare, the group stated, "Prosecuting electoral offences is key to punishing offenders and deterring future violence. It is also crucial to stop the normalisation of violence in our elections."

They emphasized that INEC has a duty to prosecute electoral offences and hold everyone accountable, regardless of their political ties. SERAP believes that effective prosecution will show that no one, not individuals, political parties, or candidates, is above the law.

The letter continued, "We hope the recommended actions are taken within seven days of receiving this letter. If we do not hear from you by then, SERAP will take legal action to ensure you and INEC fulfill your responsibilities."

SERAP expressed concern about the rising violence during campaigns. They noted that since the campaigns began on 19 August 2026, there have been many attacks on political groups. These incidents included attacks on political convoys and disruptions of rallies, leading to deaths, injuries, and property damage.

These events raise serious concerns about the safety of political participants and the ability of parties and candidates to campaign freely. They also question the chances of having peaceful, credible elections in 2027.

If those suspected of violence are not prosecuted, it could lead to more attacks. This atmosphere of fear might stop opposition parties from holding meetings and discourage candidates from reaching out to voters. It could also silence journalists and hurt citizen participation in politics.

Since the campaign for the 2027 elections began on 19 August 2026, there have been several reported incidents of electoral violence. These include the obstruction of the NDC presidential candidate, Peter Obi's convoy in Benue State on 8 September; an attack on an NDC ward meeting and a PDP rally in Enugu State on 12 September; and an attack on the convoy of ADC senatorial candidate, Herberta Okonofua, in Edo State on 6 October.

There were also attacks on NDC supporters during the campaign of governorship candidate Chinyeaka Ohaa in Enugu State on 10 October, which resulted in one death. Other incidents included an attack on supporters of Accord governorship candidate Oriyomi Hamzat in Ibadan on 14 October, leading to one death; an attack on NDC candidate Rollins Offia-Nwali's convoy in Ebonyi State on 22 October, resulting in one death and three injuries; and an attack on AAC presidential candidate Omoyele Sowore in Ado-Ekiti on 30 October.

Recently, Peter Obi's convoy was attacked in Calabar on 4 November, and on 7 November, an NDC political procession in Asaba left one person dead and five injured. On 12 November, armed men disrupted an NDC town hall meeting in Lagos, where journalist Samuel Adebanjo was assaulted and had his equipment seized. These incidents have led to deaths, injuries, and disruptions of political activities, threatening the safety of participants.

While SERAP acknowledges arrests made by the Police, they stress that arrests alone will not ensure accountability or stop future violations. Those suspected of violence must be investigated, and if evidence supports it, they should be prosecuted in court.

People who organize or finance political violence must be held accountable. Prosecuting electoral offences can reassure citizens that they can participate in elections without fear. In the lead-up to the 2027 elections, Nigerian authorities should ensure a safe environment for citizens to express their political views and support their preferred candidates.

Without such an environment, political participation may become just a theory, and the credibility of the electoral process could be seriously harmed.

The Electoral Act 2026 specifically bans various types of electoral violence and intimidation. Section 96(5) prohibits political parties, candidates, and aspirants from using force to promote their political goals. Section 96(6) bars them from using armed groups for security during campaigns and elections.

Sections 96(7) and (8) outline penalties for violating these provisions. Section 97 prohibits threatening anyone with violence to compel support for a political party or candidate. Section 120 criminalizes disorderly conduct at political meetings and carrying weapons.

The penalties show how serious political violence is, but these laws mean nothing if arrests are not followed by prosecutions. Effective law enforcement is needed to ensure that violations of the Electoral Act have real consequences.

Most importantly, section 148(2) of the Electoral Act 2026 states that prosecutions should be carried out by INEC's legal team or appointed lawyers. INEC must work with the Police to ensure that suspects of electoral offences are prosecuted when there is enough evidence.

Sections 150 and 151 allow INEC to delegate its functions and create guidelines for enforcing the Act. These laws highlight the need for strong systems to handle electoral offences.

SERAP understands that the Police have the main job of investigating crimes and gathering evidence. But this division of responsibilities cannot lead to a lack of accountability. INEC should actively collect police reports and case files, assess the evidence, and ensure that prosecutions happen when there is enough proof.

These duties are also based on Nigeria’s constitutional and international human rights obligations. Section 14(2)(c) of the Nigerian Constitution states that the people's participation in government must be ensured.

Sections 39 and 40 protect freedom of expression, assembly, and association. Section 42 bans discrimination based on political opinions.

These rights protect citizens' ability to share their political views, organize meetings, join political parties, and participate freely in public affairs.

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

Similarly, Articles 9, 10, 11, and 13 of the African Charter on Human and Peoples’ Rights support freedom of expression, association, and assembly, and the right to participate in governance. Article 1 calls on Nigeria to take steps to uphold these rights.