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Court Upholds Lawyer, Emodamori’s Suit Against INEC Over Commission’s Refusal To Publish Audited Election Expenses Of Political Parties

FILE
October 25, 2023

SaharaReporters had in September reported that Emodamori sued the INEC for 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.

Justice T. B Adegoke of the Akure Judicial Division of the Federal High Court, has granted a Nigerian lawyer, Femi Emmanuel Emodamori, leave to apply for an Order of Mandamus to compel the Independent National Electoral Commission (INEC) to publish the 2021 and 2022 Audited Financial Statements of all registered political parties in the country, as well as separate audited 2023 election-related incomes and expenses of all the political parties.

SaharaReporters had in September reported that Emodamori sued the INEC for 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.

The lawyer had said that he had on August 24, 2023 given 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 has failed.

While ruling on Emodamori’s motion for leave to apply for the Mandamus on Wednesday, Justice Adegoke held that Emodamori has sufficiently disclosed that INEC has a public duty under Section 225 (1) – (2) and Paragraph 15 (d) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and Section 89 (5) – (8) of the Electoral Act, 2022 to publish the audited accounts of the parties.

The Court also held that the lawyer has disclosed sufficient legal interest in having the Audited accounts of the political parties published.

Consequently, the court granted the motion for leave and adjourned the substantive suit against INEC till November 8, for hearing.