INEC prosecutes 774 electoral offenders

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The Independent National Electoral Commission on Friday revealed that it is currently prosecuting 774 individuals accused of electoral offences during the 2023 general election.

The INEC Chairman, Prof. Mahmood Yakubu who spoke at the first regular quarterly consultative meeting with the media in Abuja, explained that prosecutions are being carried out in collaboration with the Nigerian Bar Association and the Economic and Financial Crimes Commission.

Yakubu noted that despite some successful convictions in Kebbi, Kogi, Lagos, Kwara, and Gombe states, many cases remain pending due to delays in the judicial process.

He noted, “Through our collaboration with the Nigerian Bar Association cases involving 774 alleged offenders from the 2023 General Election are being prosecuted.

“So far, successful prosecutions have been recorded in Kebbi and Kogi states while our collaboration with the Economic and Financial Crimes Commission on vote-buying has yielded similar results in Lagos, Kwara and Gombe States. Yet, many cases are still pending.”

The INEC Chairman reiterated the need for a dedicated Electoral Offences Tribunal, arguing that regular courts overburdened with other cases often fail to prioritise electoral offences.

Yakubu stated, “One of these areas of reform is the prosecution of electoral offenders. Judicial and legislative action in the last few days underscores our effort to deal with offences involving officials of the Commission assigned to carry out designated responsibilities.

“However, it also highlights the challenges we face in dealing with electoral offences. The recent successful prosecution of a Returning Officer in Akwa Ibom State is a case in point.

“The Commission has been diligently pursuing the case which arose from the 2019 General Election. In this particular case, it took nearly six years to achieve the successful prosecution at the trial court.”

Yakubu emphasised that the lack of a clear legal framework and timeline for handling election-related crimes has contributed to prolonged trials.

He called on lawmakers to expedite the establishment of an Electoral Offences Commission and Tribunal to ensure timely justice and strengthen Nigeria’s electoral system.

“A major obstacle to the speedy dispensation of justice in this regard is that electoral offences are not time-bound as is the case with post-election offences through the tribunals.

“Furthermore, they are solely prosecuted by the Magistrate and State High Courts in the jurisdiction where the alleged offences are committed.

“No priority attention is given to such cases as the courts deal with a variety of other cases. Consequently, electoral offences are carried over from one General Election to another which may sometimes affect the diligent prosecution of the cases.

“It is therefore imperative to renew our call for the creation of the Electoral Offences Tribunal that has a specific jurisdiction and limited timeframe for the speedy dispensation of cases. I urge the media to join in this patriotic advocacy for the good of our electoral democracy,” he explained.

Yakubu also highlighted the increasing number of bye-elections due to vacancies in legislative seats, citing recent cases caused by the deaths of serving members and absenteeism.

The Commission, he said, remains committed to ensuring smooth electoral processes despite these challenges.

Yakubu noted, “In addition to the end-of-tenure elections, there is an increasing number of bye-elections to be conducted. In the last three weeks alone, vacancies have occurred in one Federal Constituency and two State Constituencies caused by the death of serving members.

“In another State Constituency, the State Assembly declared the seat vacant as a result of absenteeism, following the prolonged absence of the member from sittings of the House in violation of Section 109(1)[f] of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The matter of pending bye-elections is also on the agenda for this meeting.”

The NUJ National Secretary, Achike Chidi, observed that INEC has often been reluctant to prosecute offenders, not due to a lack of willingness but because of legal and structural constraints.

He emphasised that this was a major reason why stakeholders have been pushing for an Electoral Offences Tribunal, which would allow INEC to focus on its core responsibilities while ensuring electoral offenders face justice.

He called on the National Assembly to expedite action on establishing the tribunal, arguing that INEC is burdened with responsibilities that could be better handled by a specialized judicial body.

Regarding electoral reforms, he urged INEC to consider alternative voter identification methods, such as using national identity cards, international passports, or driver’s licenses, to expand voter access and participation.

Chidi concluded by reaffirming the NUJ’s commitment to working with INEC to promote democracy and electoral integrity in Nigeria.

“The INEC Chairman also talked about the fact that every electoral process presents with new opportunities. And as these new opportunities arise, they have to be confronted with new responses. And so perhaps we will also look at the issue of using other processes for the purpose of even voting.

“Recognise processes such as the people who possess national identity cards, international passports, driving licenses. Perhaps these are also things that they can also look at, as they look at other processes.

“If there is one thing I think some of us have noticed, it is the fact that INEC has always been very reluctant when it comes to this pressure on them to prosecute offenders. It is not that they do not want to prosecute offenders.

“I think it’s part of the reasons why people have been making a case for this electoral tribunal to be put in place. We should also encourage the National Assembly to set these things in motion.”

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