How to tackle Electoral Offences – Jega, others

April 26, 2022 Mary

By Chimezie Godfrey

As the 2023 general elections are approaching, stakeholders have expressed diverse opinion on the need for the establishment of Electoral Offences Commission to help tackle impunity in the country’s electoral processes.

At a roundtable discussion on Electoral Offences in Nigeria with the theme, “Ensuring Documentation and Effective Prosecution,” organized by the Electoral Hub in collaboration with the MacArthur Foundation on Tuesday in Abuja, the stakeholders suggested ways by which electoral offences can be successfully documented and prosecuted in the country.

Former Chairman of the Independent National Electoral Commission, INEC, Prof. Attahiru Jega who presided over the auspicious meeting noted that there has been incremental, positive changes in the country’s electoral processes.

He however stressed the need for improvement of the integrity of the country’s elections, pointing out that the major challenge is the implementation of the electoral law.

Jega also stressed the need for the establishment of the Electoral Offences Commission with the capacity to effectively tackle issues of electoral offences, as he pointed out that INEC has not been able to successfully carry out this function as proven over the years.

He said,”Certainly elections today cannot be compared with how elections were conducted either in 1999, 2007 or even 2011, of which over the period of time we have witnessed incremental positive changes on the integrity of our elections. We have slightly raised the bar.Sometimes, it was quite challenging because to was appearing as we will (take) one step forward and two steps backward. But I think it is absolutely necessary to keep on adding value to integrity of our elections.

“I think everybody will agree that the new Electoral Law 2022 has precipitated a remarkably improved legal framework for improving the integrity of Nigeria elections moving forward. I think it is actually the implementation with respect to compliance and possibly the sanctions of those who violate the electoral law.

“So, this roundtable has come at the right time when for example, the new legal framework has gone a step further than any of the electoral acts in the past.It will be fairly comprehensive in terms of itemizing different electoral offences and recommending a specific solution for this. … I think historically, we can categorize electoral offenses in our country in three broad categories; Pre-elections offences, Election day offenses,
and there are also of course Post-election day offences. There are so many categories of these offences, but I think what is peculiar in Nigeria compared with other countries is what aggregates the impunity with which these offences are committed. Candidates are culprits, political parties are culprits, election observers, and even the security agencies are culprits in the way in which these offenses are perpetrated.

“I think that the challenge is how to deal with this impunity, … on one hand to have a good legal framework and in another hand is ensuring that the good legal framework is complied with, and those who do not comply with it are appropriately sanctioned.

“The 2022 electoral act has really done a commendable job of itemizing atleast 62 specific offences, specific penalties, or sometimes with option of fine and some of the most serious ones with no option of fine. But the challenge is now how these can be implemented.

“The fact that the law enables the INEC legal unit to prosecute also became a different challenge, becaues INEC ordinarily has already small legal unit, and this legal unit invariably is to engage either pre-elections, election day or post-election litigations. So, virtually every case in court related to election, you have INEC joined. So, mandating INEC to prosecute electoral offenders will be too much burden.

“When we came in, we looked for record of successful prosection of electoral offences and we could not find any. By the time INEC finished the 2011 registration, there were about 850,000 cases of multiple registration. And there was conceivably no way that INEC can prosecute all these electoral offenders. As it stands now that burden should be taken away from the INEC and be taken to what we call the Electoral Offences Commission.”

Speaking on prosecuting electoral offences as a mechanism of ensuring electoral accountability in Nigeria, former INEC Commissioner, Prof. Okechukwu Ibeano stressed the need for the existence of certain established and known norms and that the citizens are expected to know these norms.

Prof. Ibeano however differed in his opinion on the establishment of Electoral Offences Commission, saying that there was actually no need for such as it would amount to effort in futility.

He expressed his doubt that the establishment of Electoral Offences Commission could bring an end to the challenge of inadequate documentation and prosecution of electoral offences in the country, but rather said INEC should work with relevant stakeholders to develop guidelines for reporting, tracking, and documenting electoral offences.

He also urged INEC and other stakeholders to work closely with the Attorney General of the Federation on the matter, adding that there was need for effective cooperative work among them.

“Do we really need an electoral offences tribunal, my sense clearly is that we don’t. I don’t think we do because it boils down to the same tendency to essentially invent structures to solve problems of existing structures. And if it is not working now, it will not also work at that point, it will go back to some of the issues that I have raised. But I think it is something that this august gathering can also look at.

“My last point is that to think of strategies to build the necessary partnership. I don’t think that INEC and the current investigating authorities can actually do this work alone,” he said.

Also speaking, Chairman, Litigation and Prosecution Department, INEC, Alhassan Umar, who represented the INEC Chairman, Prof. Mahmood Yakubu, noted that by virtue of the electoral act, INEC is empowered to prosecute electoral offenders and it is doing that within the capacity that it has over the years.

He however noted that the enormity of the assignment regarding to prosecution of electoral offences is such that it is beyond its capacity.

“By virtue of the electoral act ,INEC is empowered to prosecute electoral offenders and it is doing that within the capacity that it has over the years. The position of INEC has been that the enormity of the assignment regarding to prosecution of electoral offences is such that is beyond its capacity because the law empowers INEC to prosecute but the law does not give it the power to arrest and investigate and it has recommended that that power should be provided and that there should be a body for electoral offences commission that should be saddled with that responsibility so that INEC can focus on its core mandate of conducting election and facing post-election assignments.

“There is a bill now pending before the national assembly for the establishment of that body. It is INEC and other stakeholders in the electoral process that thought it wise that there would be more prosecution of electoral offences, there would be improvement and effective prosecution if that body is established.

“INEC is not folding its arms…..INEC is now trying to come up with the guidelines for prosecution of electoral offences.

“In fact, because of the seriousness with which INEC considers the task of prosecuting electoral offences and its effect on the electoral process, it has now created a department that would be responsible for prosecution before now, what we had was legal services department, so out of the legal services department, that prosecution and litigation department has now been created and that shows you the seriousness with which INEC takes the prosecution of electoral offences.

“Recently in Awka Ibom state ,there have been prosecutions recorded and it was INEC that initiated it. ..So what we are saying is that in terms of the number ,if we have a body that is given that responsibility that will investigate, arrest and prosecute ,we will record more prosecution,” he said.

He further stressed that come 2023 INEC is very well ready for electoral offenders, adding that the Commission would continue to do its utmost best to ensure that it discharges its statutorily responsibility in that regard

“In 2023, INEC is very well ready for electoral offenders because it is a power that is conferred on it, and it will continue to do its utmost to ensure that it discharges its statutorily responsibility in that regard.

“People who perpetuate electoral offenses should know that the law has been put in place to prosecute them and it will always catch them. So they have to be ware ,the days of impunity are over, INEC is now strengthening its processes and that the days that people have gone away with commission of electoral offences are over,” he stated.

The Convener of the roundtable, and the Director, Electoral Hub, Princess Hamman-Obels noted that in terms of documenting, and prosecuting electoral offences, the situation has been poor.

She pointed out that the Independent National Electoral Commission (INEC) has been tasked with enormous responsibilities, including conducting elections, registering political parties, conducting voter registration, and conducting civic and voter education.

“With these numerous responsibilities, the Commission has been unable to make significant efforts in prosecuting electoral offences. A major challenge here is lack of resources – both required human capacity and finance to effectively prosecute electoral offences. This is compounded because INEC lacks investigative powers and has to rely on a third party, the police to investigate offences.

“This is further worsened by peculiar features of Nigeria, where electoral politics is a zero-sum game and a ‘do or die’ affair: there is abuse of state resources, practice of godfatherism within many political parties, and high level of electoral impunity.

“Electoral fraud and malpractices are rooted in the zero-sum/”do or die” politics of Nigerian politicians and political parties. Politicians commit electoral offences recklessly and with impunity because they believe and know they can do these without repercussions.

“There is also endemic corruption. Corruption has also increased the recurrence of electoral offences in the electoral process, as practices such as patronage, vote buying, and selling have become the norm during elections. The result is that without access to huge amounts of money, it is incredibly difficult – if not impossible – to contest elections in Nigeria. All these make it difficult to tackle electoral offences in Nigeria effectively.

“These many issues around electoral offences in Nigeria greatly undermine transparency, participation, inclusion, and trust in the electoral process. The way electoral offences are addressed is a key indicator of the integrity and credibility of elections.

“To save our electoral process, and democracy, electoral impunity needs to be tackled, otherwise, it may fester and truncate our nascent democratic process,” Hamman-Obels stressed.

Other participants during the roundtable include, Chairman, Inter-Party Advisory Council, IPAC, Alh. Yahagi Sani, the Africa Director, MacArthur Foundation, Dr. Kole Shettima, Chairman, Forum of State Independent Electoral Commissions of Nigeria, FOSIECON, Alh. Ibrahim Bako,, representatives of Inspector General of Police, IGP, and the Nigerian Security and Civil Defense, NSCDC, among many others.