The Socio-Economic Rights and Accountability Project (SERAP) has given the Chairman of the Independent National Electoral Commission (INEC), Professor Joash Amupitan, seven days to prosecute suspects arrested over reported incidents of electoral violence or face legal action.
In a letter dated November 14, 2026, and signed by its Deputy Director, Kolawole Oluwadare, SERAP asked Amupitan to obtain investigation reports and case files from the Nigeria Police Force concerning people arrested over electoral and political violence since campaigns for the 2027 general elections began.
The organisation urged INEC to prosecute those against whom available evidence establishes offences under the Electoral Act 2026.
SERAP’s demand follows reports of several incidents of political violence across the country, including the latest attack on members and supporters of the Nigeria Democratic Congress (NDC) during a town hall meeting in Oregun, Lagos, on November 12.
The organisation urged 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.”
It also asked the INEC chairman and the Commission 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, 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 added: “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.”
It asked the Commission to implement its recommendations within seven days, warning that failure to do so would prompt legal action.
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.”
The organisation also raised concerns about the increasing reports of attacks, intimidation and threats against political meetings, candidates, supporters and campaign activities.
“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.”
It noted that since campaigns for the 2027 elections began on August 19, 2026, several incidents involving attacks on political convoys and party secretariats, disruption of rallies and meetings, and intimidation of political opponents and supporters had been reported.
“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.”
SERAP said the incidents raised concerns about the safety of political participants, the ability of candidates and parties to campaign freely, and the prospects of peaceful, free and credible elections in 2027.
“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.”
It warned that failure to prosecute suspects could encourage further attacks, deepen impunity and discourage opposition parties, journalists and citizens from participating in political activities.
“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.”
Electoral violence incidents cited by SERAP
The organisation listed several reported incidents since the commencement of the campaigns, including the alleged obstruction of the convoy of NDC presidential candidate Peter Obi in Benue State on September 8.
It also cited attacks 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 African Democratic Congress (ADC) senatorial candidate Herberta Okonofua in Edo State on October 6.
SERAP further mentioned attacks on NDC supporters during the campaign activities of governorship candidate Chinyeaka Ohaa in Enugu State on October 10, in which one supporter reportedly died.
Other incidents highlighted by the organisation included the attack on supporters of Accord governorship candidate Oriyomi Hamzat during a procession in Ibadan on October 14, which reportedly claimed one life.
It also referred to an attack on the convoy of NDC candidate Rollins Offia-Nwali in Ebonyi State on October 22, which allegedly left one person dead and three others injured, as well as the reported attack on African Action Congress (AAC) presidential candidate Omoyele Sowore and his team in Ado-Ekiti on October 30.
SERAP also cited the reported attack on Obi’s convoy in Calabar on November 4 and an NDC political procession in Asaba on November 7, which allegedly left one person dead and five injured.
The organisation said suspected armed men disrupted an NDC town hall meeting in Lagos on November 12.
“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.”
SERAP acknowledged that the police had made arrests and taken investigative steps but maintained that such actions were insufficient without prosecution.
“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.”
It also insisted that those behind the organisation and financing of political violence should be held accountable.
“Those who organise, finance, direct or sponsor political violence must not escape accountability.”
The organisation said prosecuting electoral offences would reassure citizens that they could participate in the electoral process without fearing for their safety.
It added that authorities must guarantee an environment in which Nigerians can express political opinions, support candidates, attend meetings and participate in campaigns freely.
“Without such an environment, political participation risks becoming merely theoretical, while the credibility and legitimacy of the electoral process may be seriously undermined.”
Electoral Act provisions cited by SERAP
SERAP said the Electoral Act 2026 prohibits several forms of electoral violence, intimidation and other unlawful conduct.
It cited Section 96(5), which prohibits political parties, aspirants and candidates from retaining, organising, training or equipping any person or group to use physical force or coercion to advance a political objective.
The organisation also referred to Section 96(6), which bars political parties, aspirants and candidates from keeping or using armed private security organisations, vanguards or any other group or individual, regardless of their designation, to provide security for or assist them 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.”
SERAP further cited Section 97, which prohibits threats of force or violence during political campaigns to compel people to support or reject a political party or candidate.
It also referenced Section 120, which criminalises disorderly conduct intended to disrupt political meetings, as well as possessing offensive weapons or missiles at such gatherings.
The organisation argued that these provisions would have little effect if suspects were arrested but not prosecuted.
“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.”
It also highlighted Section 148(2) of the Electoral Act 2026, which provides that prosecutions under the Act should be undertaken by INEC’s legal officers or legal practitioners appointed by the Commission.
“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.”
SERAP added that Sections 150 and 151 empower INEC to delegate its functions and issue regulations and guidelines to ensure effective implementation of the Act.
The organisation acknowledged that the police and other law enforcement agencies have primary responsibility for criminal investigations, arrests and evidence gathering but said this should not prevent INEC from fulfilling its prosecution duties.
It urged the Commission to obtain police reports and case files, assess the available evidence and ensure that its legal officers or appointed practitioners initiate prosecutions where sufficient evidence exists.
SERAP cites constitutional and international obligations
The organisation said INEC’s responsibilities were also supported by Nigeria’s constitutional and international human rights obligations.
It cited Section 14(2)(c) of the 1999 Constitution, as amended, which provides for the participation of citizens in government.
SERAP also referred to Sections 39 and 40, which protect freedom of expression, assembly and association, and Section 42, which prohibits discrimination, including on the basis of political opinion.
It said these constitutional provisions protect citizens’ rights to express political views, organise meetings, associate with political parties of their choice and participate in public affairs.
The organisation further cited Article 25 of the International Covenant on Civil and Political Rights (ICCPR), which protects citizens’ right to participate in public affairs and elections.
It also referenced Articles 19, 21 and 22, which guarantee freedom of expression, peaceful assembly and association, as well as Articles 2(1) and 2(3), which require Nigeria to respect these rights and provide effective remedies when they are violated.
SERAP also invoked Articles 9, 10, 11 and 13 of the African Charter on Human and Peoples’ Rights, which protect freedom of expression, association and assembly, alongside citizens’ right to participate freely in government.
It said Article 1 of the Charter requires Nigeria to adopt measures to give effect to these rights.