Deborah Akinyosoye
Socio-Economic Rights and Accountability Project, SERAP, has urged President Bola Tinubu to promptly set up a presidential panel of enquiry to investigate the unlawful annulment of the elections of June 12 1993 and to identify those suspected to be responsible for the deliberate violations of Nigerians’ democratic freedoms.
SERAP urged Tinubu to direct the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, as a defender of public interest, to bring to justice anyone responsible for the unlawful annulment of the elections of June 12 1993, regardless of their political status or affiliation.
Also, to direct Fagbemi to urgently draft and send to the National Assembly an executive bill to amend the Electoral Act 2022, including making the electronic transmission of election results mandatory and allowing access of every voter to election documents.
SERAP urged him to direct Mr Fagbemi to immediately discontinue all the cases of Nigerians arrested, detained and facing unfair prosecutions solely for peacefully exercising their human rights, including participating in peaceful protests.
The President had, in his speech at the National Assembly to mark Nigeria’s Democracy Day, expressed commitment “to rededicate ourselves to the ideals of June 12; freedom, transparent and accountable government, social justice, active citizen participation, and a just society where no one is oppressed.”
In the letter dated June 14, 2025, signed by SERAP Deputy Director Kolawole Oluwadare, the organisation said: “These expressed commitments won’t be enough unless your government demonstrates the political will to combat impunity for the annulment of the June 12 elections and advance Nigerians’ democratic freedoms.
“No one is above the law, and there is no statute of limitations for violations of democratic freedoms. The ‘ideals of June 12’ cannot be achieved, and real democracy cannot flourish in Nigeria without electoral accountability, democratic and human rights reforms and strict obedience to the rule of law.
The letter read in part: “Amending the Electoral Act to make the electronic transmission of election results mandatory and allow access of every voter to the results would ensure free, fair and transparent elections and improve public confidence in the electoral process.
“Impunity for the annulment of the June 12 elections has continued to encourage politicians to undermine the country’s elections and deny Nigerians their right to political participation and other human rights.
“Addressing impunity for the unlawful annulment of the June 12 elections and ensuring electoral and human rights reforms would improve Nigeria’s electoral process and citizens’ right to participate in their government in free, fair and transparent elections.
“Directing Mr Fagbemi to immediately discontinue all the cases against Nigerians facing prosecutions solely for the peaceful exercise of their human rights would strengthen democratic freedoms and improve respect for human rights and the rule of law.
“SERAP also urges you to direct Mr Fagbemi to urgently draft and send to the National Assembly an executive bill to amend all anti-freedom of expression laws, including the provisions of the Cybercrimes Act and criminal defamation and injurious falsehood provisions in the Criminal Code and Penal Code.
“We would therefore 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 consider appropriate legal actions to compel your government to comply with our request in the public interest.
“Our requests are brought in the public interest and in keeping with your expressed commitment to Nigeria’s Democracy Day, the requirements of the Nigerian Constitution 1999 [as amended], and the country’s international human rights obligations.
“SERAP notes that section 74(1) of the Electoral Act only grants access to election documents to ‘parties to an election petition’. SERAP believes that the provision should be amended to allow every voter to access election documents to promote free, fair and transparent elections.
“The right to access election documents should give rise to claims under section 39 of the Nigerian Constitution and the Freedom of Information Act.
“SERAP notes and welcomes your expressed commitment made in your speech in commemoration of Nigeria’s Democracy Day, including to ‘rededicate ourselves to the ideals of June 12: freedom, transparent and accountable government, social justice, active citizen participation, and a just society where no one is oppressed.
“SERAP is concerned that anti-freedom of expression laws such as the provisions of the criminal defamation and injurious falsehood provisions of the Criminal Code and Penal Code continue to be used to target, arrest, detain and unfairly prosecute journalists, activists, critics and other Nigerians peacefully expressing their views.
“SERAP is also concerned about the use and potential chilling effect of strategic lawsuits against public participation (SLAPPs) law enforcement and security agencies and politicians to intimidate and harass journalists, activists, critics and other Nigerians simply for the peaceful exercise of their human rights.
“The combined effect of your expressed commitment, the Nigerian Constitution, your oath of office, and country’s international human rights obligations is the requirement for your government to combat the lingering impunity for the annulment of the June 12 elections, and advance the democratic freedoms and human rights of Nigerians.”