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On Friday, the Independent National Electoral Commission (INEC) announced that it is presently prosecuting 774 defendants for alleged electoral offences during the 2023 general election.
During the first regular quarterly consultative meeting with the media in Abuja, INEC Chairman Prof. Mahmood Yakubu said that the Economic and Financial Crimes Commission (EFCC) and the Nigerian Bar Association (NBA) are working together to carry out the prosecutions.
Yakubu pointed out that despite a few successful convictions in the states of Kebbi, Kogi, Lagos, Kwara, and Gombe, many cases are still waiting because of court system delays.
According to him, 774 accused offenders from the 2023 general election are being prosecuted through “our partnership with the Nigerian Bar Association.
“Kebbi and Kogi states have seen successful prosecutions thus far, and Lagos, Kwara, and Gombe states have seen comparable outcomes from our work with the Economic and Financial Crimes Commission on vote-buying. However, a lot of cases are still pending.”
The chairman of INEC reaffirmed the necessity of a special Election Violations Tribunal, claiming that ordinary courts that are overworked frequently neglect to give electoral violations priority.
“The prosecution of electoral offenders is one of these areas of reform,” Yakubu said.
Recent judicial and legislative actions highlight our efforts to address offences involving Commission personnel who are tasked with carrying out assigned duties.
“But it also underscores the difficulties we encounter in addressing electoral violations. One example is the Returning Officer who was successfully prosecuted in Akwa Ibom State recently.
“Since the 2019 General Election, the Commission has been actively pursuing the case. In this instance, the successful prosecution before the trial court took over six years to accomplish.”
Prolonged trials have been a result of the absence of a clear legal framework and schedule for processing offences related to elections, Yakubu underlined.
He urged lawmakers to strengthen Nigeria’s election system and provide prompt justice by establishing an Election Offences Commission and Tribunal as soon as possible.
“The fact that electoral offences are not subject to time limits, unlike post-election offences handled by the tribunals, is a significant barrier to the prompt administration of justice in this regard.
“Additionally, the magistrate and state high courts in the jurisdiction where the alleged acts are committed are the only courts that have the authority to prosecute them. Since the courts handle a wide range of other situations, these cases do not receive priority treatment. As a result, electoral violations are carried over from one general election to the next, which occasionally interferes with the careful handling of the cases.
“Therefore, we must reiterate our demand for the establishment of an Electoral Offences Tribunal with a defined jurisdiction and a short case-handling period. For the benefit of our electoral democracy, I implore the media to participate in this patriotic effort,” he said.
