FELIX NWANERI writes on the burden of prosecution of electoral offenders, which has sparked-off renewed requires the institution of an Electoral Offences Fee as really useful by the Justice Mohammed Uwais-led Electoral Reform Committee
The current spat between the Impartial Nationwide Electoral Fee (INEC) and Socio-economic Rights and Accountability Undertaking (SERAP) over the group’s declare that the fee’s chairman, Prof. Mahmood Yakubu, flouted a courtroom order relating to the prosecution of electoral offenders has re-echoed one of many main suggestions of the assorted committees set-up by successive administrations on electoral reforms.
SERAP has filed a contempt lawsuit in opposition to the electoral fee and Prof. Yakubu “for failing to analyze allegations of electoral offences dedicated in the course of the 2023 common election, establish suspected perpetrators and their sponsors, and guarantee their efficient prosecution.”
Justice Obiora Atuegwu Egwuatu of the Federal Excessive Courtroom, Abuja, had on July 18, ordered INEC to pursue circumstances of bribery in opposition to state governors and their deputies, and different electoral offences dedicated in the course of the 2023 elections.
He additionally ordered the electoral umpire to hunt the appointment of unbiased counsel to analyze allegations of electoral offences together with bribery, vote-buying, conspiracy, and undue affect in opposition to state governors and their deputies in the course of the elections.
The judgement learn partly: “The substance of SERAP’s grouse is the violence related to elections in Nigeria which tends to forestall residents from exercising their franchise throughout elections, thus stopping credible election and in the long term credible leaders.
“There is no such thing as a gainsaying the truth that electoral violence and the related crimes dedicated throughout elections in Nigeria is a good bane to the event of this nation each democratically and economically.
“Being residents of this nice nation, SERAP and its members have the authorized curiosity whose enjoyment or enforcement immediately or considerably relies on the efficiency of public responsibility by INEC.
In requesting the efficiency of the general public responsibility imposed on the electoral physique, SERAP has demonstrated an amazing zeal of patriotism.
“There is no such thing as a doubt that the Electoral Act 2022 created some electoral offences. Sections 123, 124, 125, 126 127, 128 and 129 are a few of the provisions of the Electoral Act that created some particular electoral offences.
Trial of offences created by the Electoral Act is finished in a Justice of the Peace Courtroom or a Excessive Courtroom of a state wherein the offence is dedicated, or the Federal Capital Territory, Abuja. “By part 145(2) of the identical Act, prosecution for the offences shall be undertaken by authorized officers of INEC or any authorized practitioner appointed by INEC.
Clearly due to this fact, the legislation imposes on INEC the efficiency of a public responsibility.” Whereas SERAP claims that INEC and its chairman are but to behave on the judgement, the courtroom, in a discover of penalties of disobedience to its order, warned Prof, Yakubu that he could be responsible of contempt of courtroom and liable to be dedicated to jail if he fails to obey the judgement orders.
The discover, addressed to the INEC chairman, learn partly: Take discover that until you obey the orders contained within the judgement of July 18, 2024 made by Justice Egwuatu of the Federal Excessive Courtroom, Abuja in Go well with Quantity: FHC/ABJ/CS/583/2023, a replica of which is hereto connected, you may be responsible of contempt of courtroom and will likely be liable to be dedicated to jail.”
SERAP, on its half, described INEC’s lack of ability to obey the orders of the courtroom as unacceptable. In an announcement dated October 27 and signed by its Deputy Director, Kolawole Oluwadare, SERAP maintained {that a} democratic state based mostly on the rule of legislation can’t exist if INEC and its chairman routinely ignore and or fail to abide by courtroom orders.
INEC should flip the web page on persistent electoral offences, finish the impunity of perpetrators, and guarantee residents’ proper to vote and political participation
The assertion learn partly: “The recurring circumstances of electoral bribery and violence make a mockery of Nigeria’s electoral course of and participatory democracy.
The most recent allegations of electoral offences in Edo State present that INEC has learnt little or nothing from the well-documented issues in the course of the 2023 common elections.
“Forward of the forthcoming governorship election in Ondo, INEC should flip the web page on persistent electoral offences, finish the impunity of perpetrators, and guarantee residents’ proper to vote and political participation.”
INEC dismisses claims
Whereas no date has been mounted for listening to of the contempt go well with, INEC, in its response to SERAP’s claims, defined that apart from the truth that governors and deputy governors have constitutional immunity from prosecution, the electoral umpire has no report that anybody of them has been arrested, investigated and a prima facie case established to provoke their prosecution.
The fee’s Nationwide Commissioner and Chairman, Data and Voter Training Committee, Sam Olumekun, who acknowledged this in an announcement, stated if SERAP had performed fundamental reality examine, it might have identified that on the finish of the 2023 common election, the fee introduced that it acquired 215 case information from the Nigeria Police, following the arrest and investigation of alleged violators of the electoral legal guidelines throughout the nation.
Olumekun stated these included 52 information involving 238 alleged offenders in the course of the presidential and Nationwide Meeting elections and 163 information in respect of 536 suspects for the governorship and state Meeting elections.
He added that it was vital to additionally inform the general public that the fee’s dedication to prosecution of electoral offenders isn’t restricted to individuals who’re exterior the fee. He identified that officers of the fee, a few of them extremely positioned, have been affected, together with a Resident Electoral Commissioner (REC) at present being prosecuted in a Excessive Courtroom in Yola, Yobe State.
He additional defined that recognizing the necessity for his or her speedy prosecution and taking into consideration that the fee doesn’t have sufficient in-house attorneys, knowledgeable why INEC engaged the Nigerian Bar Affiliation (NBA) beneath the management of the instant previous President, Yakubu Maikyau for help, including that the chairman of the fee and different officers have additionally been offering updates to the general public on the matter.
His phrases: “For the primary time within the historical past of elections in Nigeria, concrete steps had been taken between the NBA and INEC to prosecute electoral offences. The NBA, working with a distinguished and senior human rights lawyer, offered the fee with an inventory of counsels nationwide, together with Senior Advocates of Nigeria (SANs), who volunteered to render pro-bono companies.
“Letters of instruction got to them via the NBA and work commenced in earnest. As non-public attorneys, this satisfies the availability of section145 (2) of the Electoral Act 2022, which empowers the fee to have interaction exterior solicitors to help it within the prosecution of electoral offences.
Thus far, convictions/profitable prosecutions have been recorded in Kebbi and Kogi states.” Olumekun confused that it’s wellknown that INEC has been working with the Financial and Monetary Crimes Fee (EFCC) and Impartial Corrupt Practices Fee (ICPC) to discourage vote shopping for and prosecute vote patrons.
He stated a particular joint prosecution staff of 18 attorneys drawn from the EFCC and INEC was set as much as prosecute suspects, including that via this joint effort, profitable prosecutions have to this point been recorded in Lagos, Gombe and Kwara states.
His phrases: “The prosecution of electoral offence could be very sluggish for the easy purpose that electoral offences are usually not time-bound, in contrast to pre-election and post-election circumstances, which have to be decided inside 180 days on the trial courtroom/tribunal and a most of 60 days at every layer of enchantment.
“Moreover, beneath part 145 (1) of the Electoral Act 2022, electoral offences are prosecuted within the jurisdiction the place the alleged offence is dedicated and by the state judiciary.
Some circumstances can go on for a number of years. That’s the reason the fee has been within the forefront of the advocacy for electoral reform to make electoral offences time-bound for quick prosecution of electoral offenders, together with the institution of an Electoral Offences Tribunal.
“We want to guarantee Nigerians that the fee will proceed to discharge its duties always. The fee isn’t in contempt of courtroom as alleged. As an organisation that portrays itself as a frontrunner in advocating for justice, SERAP must have availed itself of fundamental info which are already within the public area,”
Nigeria and electoral fraud
As INEC and SERAP rightly admitted, violence and manipulations have at all times been main threats to Nigeria’s electoral course of. Out of the ten common elections the nation has carried out since independence – 1964/1965, 1979, 1983, 1999, 2003, 2007, 2011, 2015, 2019 and 2023 – maybe, solely that of 2015 may very well be stated to be violence-free.
Whereas the 2007 elections was described by each native and overseas observers as one which solid a harsh gentle on patterns of violence, corruption and outright criminality which have characterised Nigeria’s political system, the post-election violence, which trailed that of 2011 polls practically drove Nigeria to the brink. By the point the mud settled, a number of lives had been misplaced and property price billions of naira destroyed within the northern a part of the nation.
Amongst these caught within the crossfire had been members of the Nationwide Youth Service Corps (NYSC), employed by INEC as advert hoc employees. Kaduna State and Kano states, which had been the worst hit by the disaster, had 1000’s of individuals displaced. Whereas the 2019 common election was additionally characterised by violence in flashpoint states like Rivers, Kano and Lagos, the November 2019 governorship elections in Kogi and Bayelsa states had been nothing however a full scale struggle.
A report by the Centre for Democracy and Growth, (CDD) on the polls confirmed that 10 individuals misplaced their lives in the course of the train, whereas 129 circumstances of violence and electoral crimes had been recorded. “Elections which ought to have enabled residents to specific their democratic preferences had been violently and crudely undermined by an unrelenting band of partisan outlaws.
The magnitude of the violent assault on the sanctity of the poll was stunning. The result of a course of that was so criminally subverted shouldn’t be allowed to face,” the report, which was signed by the group’s director, Idayat Hassan, learn partly.
Equally, the Nigerian Civil Society State of affairs Room and YIAGA Africa stated the election was marred with violence, votes shopping for, voters’ inducement, intimidation, and harassment. The State of affairs Room, a coalition of over 40 civic teams, notably described the Kogi election as “a serious dent to Nigeria’s democracy.”
Convener of the State of affairs Room, Clement Nwankwo, stated final result of the Kogi election, if allowed to face, will pave the best way for massacre in the course of the forthcoming governorship polls in Edo and Ondo states in addition to the 2023 common election.
It was the identical story in the course of the 2023 elections as voter intimidation was the order of the day most states of the federation, vote shopping for, which includes inducement of voters with money by brokers of political events and their respective candidates in return for votes, assumed a worrisome dimension.
Uwais, Lemu panels’ suggestions
Most stakeholders have over time insisted that prosecution of election offenders shouldn’t be left within the fingers of INEC as it’s a main mandate that one other physique ought to be saddled with.
To this finish, they known as on the federal government to work on the report of the Justice Uwais Electoral Reform Panel, which really useful {that a} separate physique be set as much as deal with electoral offences.
In addition they known as for extra collaboration between INEC and the related safety companies to facilitate prosecution of electoral offenders to curtail the excesses of politicians and their supporters in addition to restore confidence within the electoral system.
The electoral umpire had previously tried to prosecute election offenders, however it was overwhelmed given the variety of people concerned. As an example, out of the 869,800 individuals concerned within the manipulation of the voters’ registration course of forward of the 2015 common election, the electoral physique was solely capable of prosecute 200, which represents lower than one p.c of the full determine.
Then INEC chairman, Prof. Attahiru Jega, who admitted that the fee lacked the aptitude to prosecute electoral offenders, famous that the one solution to cope with electoral fraud is to undertake the suggestions of Uwais panel.
“The easiest way of coping with electoral offenders is to return to the suggestions of the Justice Uwais Electoral Reform Committee, which is to ascertain an election offences tribunal whose enterprise it’s to prosecute electoral offenders. Allow us to have a tribunal whose full duty is to prosecute electoral offenders, in order that INEC can focus its vitality on conducting elections professionally and competently,” he stated.
Fast previous President Muhammadu Buhari, who apparently reacted to the issuem when he swore-in Jega’s successor and current INEC Chairman, Prof. Mahmood Yakubu, in October 2015, stated it was not sufficient for election tribunals to only cancel or order contemporary elections over perceived subversion of the peoples want.
His phrases then: “It’s not simply sufficient for an election to be cancelled and a brand new one ordered. It might be a lot better if all these whose actions or inactions led to the cancellation of such election to be investigated and if culpable, prosecuted whether or not they’re people as candidates or celebration brokers, Establishments resembling political events, electoral physique, or public officers as electoral employees or safety brokers.
“Equally, perpetrators of electoral violence and thuggery shouldn’t be spared. Until our system stops protecting up all types of electoral malpractices, we are able to hardly get it proper. No system endures with impunity.”
Among the many suggestions of the Uwais-led Electoral Reform Committee constituted by late President Umaru Yar’Adua in 2007, was the establishing of an Electoral Offences Fee to make sure prosecution of offenders even after the winner can have lastly emerged.
Justice Uwais had then stated that acceptance and implementation of the suggestions “will considerably restore credibility to the Nigerian electoral course of and usher in an period of free, truthful and credible elections that can conform to worldwide finest practices.”
Sadly, the advice didn’t discover favour with the Yar’Adua authorities. An identical suggestion was made by the Sheikh Ahmad Lemu panel arrange the administration of President Goodluck Jonathan to analyze the 2011 post-elections violence.
The panel reported that 943 individuals died, whereas 843 had been injured because of electoral violence. It due to this fact really useful the institution of “an autonomous and constitutionally recognised Electoral Offences Tribunal, however which, could also be an advert hoc physique as it might not have a lot to do in between election intervals.” The Jonathan administration not solely accepted the advice, it additionally directed the then Lawyer Basic to take steps in direction of establishing the tribunal, however that by no means materialized.
Whereas most Nigerians have continued to demand the institution of the Electoral Offences Fee as really useful by the Uwais and Lemu panels, the chairman of INEC, Yakubu, on his half, has repeatedly stated that decisive motion have to be taken to interrupt the cycle of impunity via the promulgation of an Electoral Offences Fee/Tribunal to deal with issues regarding electoral offences.
In accordance with him, “the INEC has regularly made it clear that it lacks the capability and wherewithal to proceed the prosecution of electoral offenders and it is because of this that the fee helps and can proceed to help the creation of an Electoral Offences Fee/Tribunal to course of, arrest, examine and prosecute electoral offenders.”
Yakubu additionally believes that “Nigeria can not afford to foot drag on the vital laws that can present the framework to cope with impunity and brigandage in elections, which have gotten extra brazen primarily as a result of violators of electoral legal guidelines are usually not successfully prosecuted.”
INEC has been within the forefront of the advocacy for electoral reform to make electoral offences time-bound for quick prosecution of electoral offenders, together with the institution of an Electoral Offences Tribunal
Stakeholders react
Some analysts, who backed INEC on the institution of a separate company for electoral offences, stated it won’t solely curb elections violence, however quick monitor the prosecution of electoral offenders to function deterrent to those that subvert the electoral course of.
Others, nevertheless, known as for an modification to part 59 of the Electoral Act which gave the ability of arrest and prosecution of electoral offenders to INEC, thereby excluding safety companies. In accordance with those that maintain this view, safety companies use the stated part within the Act as alibi for doing nothing when electoral crimes are dedicated even of their presence.
They identified that the prosecution of electoral offenders and others who commit crimes associated to elections has been a sore level within the electoral course of and its direct consequence is that the odd individuals disengage from the electoral course of as only a few individuals would need to go to the polling items to be maimed and killed by political thugs.
It was additional argued that electoral impunity additionally creates a regime that’s illegitimate and doesn’t command the arrogance of the individuals and that of the worldwide group in addition to results in political and financial instability as these robbed of their victory might make use of reputable and illegitimate signifies that overturn the stated election.
Chief Chekwas Okorie, who represented the All Progressives Grand Alliance (APGA) within the Presidential Committee on Electoral Reforms set-up by President Umaru Yar’Adua in 2007, who spoke on the difficulty, instructed New Telegraph that although institution of a fee to care for electoral offences will take away the burden of prosecution of offenders from INEC, adoption of digital voting is the best way to go if violent acts and manipulations related to elections in Nigeria are to be curbed.
His phrases: “4 political events constituted the 2017 Presidential Committee on Electoral Reforms and it was headed by Vice President Goodluck Jonathan as he was then. A part of the suggestions of that committee was the institution of an Electoral Offences Fee, which was in flip handed over to the Justice Uwais committee and was ultimately integrated within the panel’s report.
“So, now we have at all times believed that there ought to be a fee to care for electoral offences in addition to take away the burden of prosecution of offenders from INEC, however I consider that prevention is healthier than remedy. Whereas the fee is anticipated to come back in and remedy electoral offences, to forestall such offences within the first place via digital voting, would have been a greater thought.
“There have to be full digital voting system in a way that poll field could be eradicated in an effort to care for thuggery and outcomes transmitted electronically from the polling cubicles. With the system in place, there will likely be nothing for the electoral offences fee and election petition tribunals to do.”
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