A Federal High Court in Akure, Ondo State capital, on Thursday, granted an Order of Mandamus compelling the Independent National Electoral Commission (INEC) to publish the 2021 and 2022 Audited Financial Statements.
The court also granted an Order of Mandamus to publish the Audited 2023 election-related incomes and expenses of all the registered political parties in Nigeria.
The presiding judge, Hon. Justice T.B. Adegoke gave the order while delivering judgment in Suit FHC//AK/CS/72/2023 – Femi Emmanuel Emodamori v. INEC.
In the judgement, the court also ordered INEC to supply the Applicant (Femi Emmanuel Emodamori) with either hard or soft copies of the certified true copies of the 2021 and 2022 Audited Financial Statements, as well as separate Audited 2023 election-related incomes and expenses of all the registered political parties in Nigeria, not later than 14 days from the date of the judgement.
Justice Adegoke held that the decision was in line with Section 225(1)-(2) and Paragraph 15(d) of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended), Section 89 (3), (4), (5) and (8) of the Electoral Act, 2022, and Section 1(3) of the Freedom of Information Act, 2011.
In September 2023, SaharaReporters reported that a lawyer, Emodamori, had sued the INEC for its refusal to comply with the 14-day ultimatum issued to publish the 2021 and 2022 Audited Annual Financial Statements as well as the Audited 2023 Election Expenses of all the political parties.
Emodamori said on August 24, 2023, he gave the electoral umpire 14 days to publish and avail him the certified true copies of the 2021 and 2022 Audited Annual Financial Statements as well as the Audited 2023 Election Expenses of all the political parties in Nigeria, in line with Section 225(1)-(2) and Paragraph 15(d) of Part 1 of the Third Schedule to the 1999 Constitution, Section 89 (3)-(8) of the Electoral Act, 2022, and Section 1(1) of the Freedom of Information Act, 2011 but that it failed to do so.
He explained that the suit he instituted through a team of seven lawyers, led by A. Olu Ogidan, was seeking an Order of Mandamus to compel INEC to perform its statutory duties.
Emodamori said, “Following the failure of INEC to comply with the 14-day ultimatum I gave her on 24th August, 2023 to publish and avail me the certified true copies of the 2021 and 2022 Audited Annual Financial Statements as well as the Audited 2023 Election Expenses of all the political parties in Nigeria, in line with Section 225(1)-(2) and Paragraph 15(d) of Part 1 of the Third Schedule to the 1999 Constitution, Section 89 (3)-(8) of the Electoral Act, 2022, and Section 1(1) of the Freedom of Information Act, 2011, I have instituted a Suit at the Federal High Court against INEC, praying for an Order of Mandamus to compel her to perform her statutory duties in that regard.
“I instituted the Suit through a team of seven lawyers, led by A. Olu Ogidan. We cannot sincerely talk about fighting corruption, until we first beam our searchlights on how political parties and elections are funded in Nigerian, and the reciprocal patronage, access to national treasury or ‘dividends’ granted or paid to such political ‘investors’, usually at the expense of our collective national interests.
“INEC can also not claim to be above board, when it lacks the courage to investigate and publish the accounts of such parties for public information as expressly required under our laws.”